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HomeMy WebLinkAbout30914 / 80-10Sepc2ubar 4, 138''v if 10 RESOLUTION PURPOSE: ��UTHORIZE CONT_R.�CTS FOR APPRaISaI. SERVICES FOR OSHKOSR CENTRE PROJEC'T INITIATED ?Y: DEPARTCi�.NT OF COhL*SUVITY DEVELOP:iENT :�P.iEREAS, ;he Common Council of the City of Oshkosh has approved the Redevelopcent °laa for the Oshkosh Centre Project; and �Y�Ei��.�.�AJ� the�firse step necessary for implementation of the plan is tF.e appraisal of real property and business fixtuCes located within the project area bouadaries. NCW, THEREFORE BE IT RESOLVED by the Common Council of the City of Oshkosh tha[ the proper City Officials are hereby authorized and directed to enter into the attached contracts for appraisal services with S.�f. Dix Associates, Inc., in the amount of $10,900. :�Ioney for this purpose is hereby appropriated from Account No. 331-999, Osh!wsh Downtown Redevelopment Fund. _ B'ii'i"��� BY ..:,.iC,_-;i:'.', � / V'_/l.� -1a- � � �� CONTRACT PART I - AGREE,IE�T This Agzeement, enterad into as of this _ day of , 1980 , by and between the planning Department of the City of Oshkosh , State o£ ��isconsin , hereinafter referred to as the "Local Public Agency", ar:d S. FI. Dix Fr Associates, Inc., organized and existing under the laws of the Sta�e of biichigan, and having its office and principal place of business at 1432 iJealthy.Street, S. E., in Che City of Grand Rapids, State of blichigan, here- inafter referred to as the "Contzactor", WITNESSHTH: {VI-IeREAS, the Local Public Agency is undertaking certain activities necessary £or the planning and/or execution of a project, situated in the Pro}ect Area described below; and tVHEREAS, the Local Public Agency desires to engage the Contraetor to render technical advice aad assistance in preparing the documentation relative to fixtures and equipment, in clarificaiion or determination of the various classes or types o£ real and personal property to be found in the commerciai parcel �aithin the Project Area, hereinafter defined, in valuing fixtures and/or equipment iahich may be can- tained therein, and ii: resolving technical problems which may arise in the acquisi- tion and/or relocation of such fixtures and equipment. 1'1HEREAS, the Contractor represents that he is familiar with recognized industria� and commercial property analysis and appraisal practices, with the determination o£ property classes and equipment values, and with the establishment of consequential damages in eminent domain proceedings, and is qualified to zccompiish such determina- tions and apprai.sals, and to appear in Court in this State as a competent or expert witness in connection with these undertakings o£ the Local Public Agency: NO1V, THEREFDRE, the parties hereto do mutually agree as folloc,rs: 1. Scope of Services. The Contractor shall per£orm all the services provided under this Contract in connection with and respecting the Oshkosh Centre Redevelopment Project Area l�l , as defined by applicable la�.s and ordi- nances, and shall prepare and provide in a written report for :;:�ch of the 12 business establishments identified by parcel number and name in Part IIi of this Agreement, a fixture acquisition appraisal in a manner and form acceptable to the Local Public Agency, which app:aisal shall include.the following: � in _2_ 1. A certificate of immovable fzxture value. 2. A property analysis clearly identifying and listing each element of value or utility found on or in the parceZ by its propez-ty class and claimed oHnership, said classes consisting of: land, land improvements, buildings, building equipment, i.mmovable fixtures, and movable equipment or personal property, and also stating whether such element of value is included in the appraisal of the ba.sic real estate or in the appraisal of the equinment. 3. An imu�ovable fixtures exhibit clearly identifying and valuing, each fixtu:e which is not identified in the real estate appraisals and which will be physically damaged by removal, or which it is not economi- cal to rer„ove_ � 4. A movable fixture and equipment exhibit clearly identifying, but not valuing those significant items of movable real or personal property that are not included in the foregoing exhibit, and excluding inventory or stock in trade. 5, A process utilities schedule listing ard identi£ying the process distrihution and collection lines considered as immovable fixtures for electrical, piping; air supply, venting, drains, and other process serv- ices, and excluding normal building services, and the machine connections. b. Revietv with the occupant the Reneival Assistance Regulations relating to business fixtures and equipment, and the ass3stance available through the Local Public Agency. 2. Project Data. The Local Public Agency.shall furni5h the £o2lowing materials, data and infornation to the extent they are available and requested: Land Acquisitzon, Land Use, Project Area or Propezty biaps, Parcel Plot Plans, Building Diagrams, Real Estate Appraisals, Business Survey Data, Lease Agreer�ents (pazticularly equzpment), ChatteZ hlortgages, Zoning 2nd Code Requirements and such other data as may become necessary to the proper performance of this Contract >r a ;'� -3- 3. Time o£ Perfo�ance. The services of the Contractor are to commence on , 14$ , and shall be undertaken and per£ormed in such sequence as to assure the expeditious completion of all the services reRuired hereunder and delivery io the Local Pebiic Agency of 3 sets o£ the above described report or appraisal not later than , 19� 4. Compensatiaz. The Local Public Agency taill pay to ihe Contractor the amount of Ten Thousand Nine Nundred ��v 10,900.00) Dollars and such amount shall corsitute fuli and complete compensation for the Contractor's services and expenses here�:nder, it being expressly understood and agreed that in no event will the total compensation and reimbursement paid hereunder exceed the sum for all of the services required under this Contract, except as provided in Section 9, Court Prepar- ation and Testimony. S. Method of Pat?aent. The amount as provided in Section 4 above shall be paid to the Contractor when the finished report for the husiness listed in Section 1 of this Agreement is delivered to the Local Public Agency, subject to a receipt of an invoice or a voucher from t:�e Contractor, specifying that he has performed the services pro- vided under this Contract in conformance with this Gontract and that he is entitled to receive the amount submitted under the terms o£ this Contract. 6. bfaintenance of Records. The Contractor agrees that he t,�ill prepare and maintain all reports, work papers, sketches, photographs, analyses and o�he.r re£erences in good order and conditien until the parcel concerned is acquired and a good and indefeasible title is vested i.n the Local Public Agency, or for a period of five(5} years from the previously inscrib°d date of this ConEract, whichever is later. _ 7. Disclosures. The Contractor agrees that: 1. The determinations of value in his report are for the confidential zn£orr.iation of the Local Public Agency and the Area Office, and that he will not disclose his equipment values, in whole cr in part, to any other person or persons whatsoever, until called upon to testify under oath in relation to his repo:t and his determination o£ value in a judicial proceeding. 2. Tf the Contractor is required to, or does in fact, accept the judg- ments and deterninations of a person or agency not enployed by hin, as to mhat he sha2i class as fixtures and what he shall class as personalty in his report, that a statement of the basis for his decision and of the source of such judgmer.�s and determinations shall be provided in the Certificate of Value for the report concerned, 8. Quality of Perform�nce. The perfornance of services, or acceptance by the Local Public Agency of the report required hereunder, shall not relieve the Contrac- tor from his obligations to make necessary technical re-examinations and field inspec- tions, and to correct, on demand, without cost to the Local Fublic Agency, any defec- tive work, and to fulfill all requirements of the Reneiral Assistance Regulations in force on the date this Contract is signed. �r ; ' � -4- 9. Court Pr�;,aration and Testimony. It is understood and agreed that the amount of compensation stated in Section 4 above does not include necessary court preparatian and testimony, and that in the event the testimony of the Contractor is required in any legal proceeding in connection with the Local Public Agency's acquisition of property in the Projeet Area defined in Section 1 above, the Contractor agrees to bring his appraisal(s) up to date, to make the necessary pregarations for testimony and to appear as a witness on behalf o£ the Local Public Aoency on the dates required, and £urther agrees that the fair and reasonable com�ensation of his services shall be at the rate o£ $360.00 per day, or $180.00 per ralf day, plus necessary and reasonable travel expenses. Any � part o£ a day less than four hours expended by the Contractor shall constitute a half day for ihe purpose of this Section of this Agreement. 10. Reports. The Contractoz agrees that he wi11 submit to the Local Public Agency, within the time specifications required by this Contract 3 copies of his report for each parcel, az:d that at least one copy of the report tvill be sub- mitted in a separate individual manuscript cover, or other individual soft binder that will be bound, stapled, or otheriuise permanently £astened on the top 8'�" edge and saill be identical in form and content ti,ith each other report for the parcel. 11. Terms and Conditions. This Agreement is subject to and i.:?corporates the provisions attached hereto as Part II - Terms and Conditions (Fozvn H-621B, dated 2/69). • IN 11'ITNESS {VHEREOF, the Local Public Agency and the Contractor have executed this Agreement in _ copies on or as of the date first above written. Attest: ,-� � W/- ��-��� ny/L '� ��f � - . ; By Title S. h1. DIX $ ASSOCIATES, INC. sy /��1L / ( , �,�i,(✓� `>/%r �/� Title ° A'. C. Banta, Vice President �ID S. Department of Housing and llrban Development FiUD 621B Renewal Assistance Administration [2-69) 7NTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES Part II Terns and Conditions 1. Terr�nation of Contract for Cause. If, through any cause, the Contractor shall £ail to fulfill in tir�ely and proper manner his obligations under this Contract, or if the Contract shall violate any of the covenantss agreements, or stipulations of this Contract, the Local Public Agency shall thereupon have the right to tenninate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or un£inished documents, data, studies, and reports prepared by the Contractor under this Contract shall, at the option of the Local Public Agency, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved o£ liability to the Local Public Agency for damages sustained by the Local Public Agency by virture of any breach of the Contract by the Contractor, and the Local Public Agency may ivithold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the Local Public Agency from the Contractor is determined. 2. Ternination for Convenience of Local Public Agency. The Local Public Agency may terminate this Contract any time by a notice in writing from the- Local Public Agency to the Contractor. If the Contract is terminated tiy the Local Public Agency as provided herein, the Contractor will be paid an amouni which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, lass payments o£ compensation previously made: Provided, however, that if less than sixty per cent of the services coverecl by this Contract have been performed upon the ef£ective date of such ternination, 'the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not othenvise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly att=ibutable to the uncompleted portion of ihe services covered by this Contract. If this Contract is terminated due to the fault o£ the Contractor, Section 1 hereof relative to termination shall apply. 3. Changes. The Local Public Ager.cy may, from time to time, request changes in the scope of the services of the Contactor to be performed here- under. Such changes including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and betioeen i � � V HUD 621B (2-69) Page 'I�vo The Local Public Agency and the Contractor, shall be incorporated in written amendments to this Contract. 4. Perso�nel. a. The Cuntractor represents that he has, or will secure at his own expense, all personnel required in performing the services under ihe Contract. Such personnel shall not be employees of or have any contractual relationship caith the Local Public Agency. b. All the services required hereunder will be perfarm.ed by the Contractor or under his supervision and all personnei engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. c. No person who is serving sentence in a penal or correctional institution shall be employed on tiaork under this Gontract. S. Anti-Yickback Rules. Salaries of architeets, draftsmen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not.less often than once a month w�'hout de�luction. or rebate on any account except only such payroll deductions : are mandatory by la�a or permitted by the applicable regulations issued by t_:s Secretary of Labor pursuant to the "Anti-Kickback Act" of June 13, 1934 (33 Stat. 948; 62 Stat. 740; 63 Stat.108; title 18 U.S.C., section 874; and title 4Q'U.S.C., section 276c). The Contractor shall comply with all app2icable "Anti- Kickback" Regulations and shall insert appropriate provisions in all sub- contracts covering work under ihis Contract to insure compliance by subcon- tzactors �vith such regulations, and shall be xesponsible for the submission of affidavits required of subcontractors thereunder except as the Secretary of Labor may specifically provide foa variations of or exemptions £rom the requirements thereof. 6. Withholding of Salaries. If, in the performance af this Contract, there is any uaderpayment of salaries by the Contractor or by any subcontractor thereuc�der, the Local Public Agency shall tiaithhold £rom the Contractor out of payments due to him an amount sufficient to pay to employees underpaid the difference bettiaeen the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours tiaorked. Tlie amounts withheld shall be disbursed by the Local Public Aaency for and on account of the Contractor or subcontractor to the respective employees to �ahom they are due. 7. Claims and Disputes Pertainin� to Salary Rates. Claims and disputes pertaining to salary rates or to classificaCions of architects, draftsmen, technical engineers, and the technicians performing work under this Contract shall be promptly reported in writing by the Contractor to the . .. � ( � HUD 621B (2-69) Page Three Local Public Agency for the latter's decision which shall be final with respect thereto. 8. E uai Em lo ment 0 ortunity. During the performance of this Contract, the Contractar agrees as follows_ a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor �aill take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, relioion, sex or national origin. Such action shall include, but not be limited to, the follo�+ing: employment, upgrading, demotion, or transfer; recruitment ox recruitment adveriising; layof£ or termination; rates of pay or other forms of compensati.ons; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to empioyees and applicants for employment, notices to be pravided by the Local Public Agency setting fortli the provisions of this nor�discrimination clause. b. The Contractor uill, in all solicitations or advert:s.-:�:�ents for employees placed by or on behalf of the Contractor, state that all qualified applicants �aill receive consideration for e�.�ployment without regard to race, color, religion, sex, or national origin. c. The Contractor iaill cause the foregoing provisions to be inserted in all subcontracts for any hork covered hy this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or ra�a materials. 9. Discrimination Because of Certain Labor Tlatters. No person employed on the ti��ork covered by this Contract shall be discharged or in any way discriminated against because he has filed any complaint or instituted or caused to be instituted any proceeding or has testitified or is about to testify in any proceeding under or relating to the labor standards applicable hereunder to his employer. 10. Comp?iance lYith Local Laws. The Contractor sha21 comply with all applicable laws, ordinances, and codes of the State and local go��ernments, and shall commit no trespass on any public or private property in performing any of the work embraced by this Contract. - . ��� HUD 621B (2-69) Page Four ]1. Subcantracting. None of the services covered by this Contract shall be subccntracted �oithout the prior �uritten consent of the Local Public Agency. The Contractor shall be as fully responsible to the Local Public Agency for the acts and omissions of his subcontractors, and o£ persons eithe: directly or indirectly employed by them, as he is for the acts and oru.ssions of persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance �aith the labor standards provisions of this Contract. 12. Assignability. The Contractor shall not assign any inierest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the Local Public Agency: Provided, however, that claims for money due or to become due the Contractor from the Local Pubiic Agency under this Contract may be assigned to a bank, trust company, or other financiai institution, or to a Trustee in Bankruptcy, without such approval. Notice of any such assianment or transfer shall be furnished promptly to the Local Public Agency. 13. Interest of D9embers of Local Public Agency. No member of the governing bod,v of the Local Public Agency, and no other officer, employee, or agent of the Local Public Agency who exercises any £unctions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have any personal interest, direct or indirect, in this Contract. l4. Interest of Other Local Public Officials. 1So member of the governing body o£ the locality in which the Project Area is situated, and no other public official of such locality, iaho exercises any functions or responsibilities in the revieia or approval of the carrying out of the Project to which this Contract pertiains, shall have any personal interest, direct or indirect, in this Contract_ 15. Interest of Certain Federal Officials. No member of or Delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this Contract or Lo any benefit to arise herefmm. 16. Interest of Contractor. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the above-mentioned Project Area or any parcels therein or any other interest �ahich iaould conflict in any manner or degree �aith the � HUD 621B �2-69) Page Five � lD performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be e;rmloyed. 17. Firdings Confidential. All of the reports, in£ormation, data, etc., prepared or assemhled by the Contractor under th3s Contract are confidential and the Contractor agrees thay they shall not be made available to any individual or organization without the prior tivritten approval o£ the Local Public Agency. �l� PART III - APPRAISAL COVERACE The appraisal of Immovable Fixture shall be provided for the follo�ting 12 business establishments in the Oshkosh Centre Redevelopment Project Area #1. Parcel Business Establishement Address 1 2 3 S 6 8 9 10 ll 13 16 17 Electrical Contractors Supply, The tVhar� Good Knights Seefluths Paint Co., Inc. Mr. Discount and Carpet Surplus Gehrke's Mazine S Gun Supply One Hour Cleaners Izon S4orks Fred's Baz Globe Printing Co. Pat Haverty blachine Shop, Inc. Oshkosh Real Estate I�sc. 105 Diarion Road 27 N. btain 25 N_ Main 21 N. btain 15 N. btain 3 N. Atain 32 N. Main 26 N. Main 24 N. F1ain 15 Ceape Avenue 24 State St. 101 Ceape Avenue � �� o �o r � U ,S�' a7 ,� � Fi m �' O � O F� U O 4y N N ryj �-I N Fa U O rl er�; y F p. _. � N � � . C = +> C� o � � �� � ro � t r�w �i] T) nr 4"� Q O cCJ t� � s. a � a � � � o +� � c�� v oa� LK 4-� U �w.._ �O r-1 v v � N N N az° J� . a v o a� ¢ i� o rd E U � 0 � a� 0 � O � � ri _ `. \r..1 � v x N N � �::1 .� � r '6) � '� a +� � '� � U