HomeMy WebLinkAbout29288 / 78-16January 5, 1978 # 16 RESOLITI'ION
PURPOSE: A�'I'HORIZE APPLICATION FOR FEDERAL FtT�v�S FOR ACQUISITION OF EICHSTADT
PROPERTY
Ii�IITIATED BY : PARKS DEPARZM�,�7T
WI-iERE.AS, the City of Oshkosh is interested in acquiring lands for public
Q�s�door recreation purposes as described in the application; and
WHERF,AS, financial aid is required ta carry out the project;
Tf�REFORE, HE IT RE�OLVED that th� City of Oshkosh has budgeted a s�n
sufficient to co�lete the project; and
F-IEREBY AUZ'fiORIZES th� propPx City officials to act on behalf of the City of
Oshkosh to:
Submit an applica�ion to the State of irlisc�nsin I�part�n� ot
Natuzal R�sources for any financial aid that may bz available;
Sign doci�nts; and
Take necessary action to ilndertake , direct ard co�lete �che
approved project.
BE IT FURTI��R RESOLUED that the City of Oshkosh will corr�ly with s�ate and
fedP�al rules for the progr�; may perform foree accou�t work; w.i.11 maintain the
co;rn�leted project in an attrac�cive, inviting a�-Ld safe rr�-�r�ner; will keep zhe
facilities open to the general public during reasonable hours consistent with the
type of facility; and will obtain from the State of Wiscansin De�rtm�ent of Natural
Resources approval in writing before any change is made in the iase o� the project
site.
ST?B?�hITTE�J BY
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R-.A-120-69
Stafe of Sdisconsin / Deparbnent of 7'ransportati
CONTRACT FOR APPRAISAL SEftVlCES
THIS CONTRACT made ond entered into the _�_�=�_ doy of _ `�G_.'_°_�-!� __ , 19 .�!_ , by Qnd b�tween
the C1 ty' Of OSh{:OSh_ _ __ hereinafter cal led the �`Acquiring Ayency", oRd _Professi onal_______
Apprai sers, Inc. _, hereincfter called the `�Approiser." If �`approiser" is o portnership or firm the designated
individuol rendering the services shall 6� Peter F. Dorschel , �•�ia1 ___� a�d the term `�cppraiser" shall also apply
to him whe�ever these contract provisions are applicable to individual services.
1VHEREAS, the Acquiring Agency desires to determine tf�e present fair mar!c�± value ef cert�in reol property or
rights or interests therein to be acquired for highway purposes, in connection with the following described project:
Project: . 4�.9�0-28
Termini: W�S,hinatQCL-��21"�nll St. Intersection �
Hi9hway: _��_a���tr_�et ��s'a�:i�n--Cit� �f Oshkosh
County: .�r1i_�nP_h�gn Cp�an1-� .
AND WHEREAS, the Appraiser represents qualification by trqining an.d experience and is able to prepare and
furnish to the Acquiring Agency the desired appraisal reports in order to assist the Acquiring Agency in determining present
fair market value.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
In return for a total estimated fee of $_1�G'Q.�J• vZ
, said estimate 6eing bosed upon the list of
individual parcel fees as indicated on Schedule "A", cttached hereto and made a part hereof, ond said estimate being further
based on the fees as established herein for court preparotion and court testimony, the Appraiser will furnish to the Acquiring
Agency complete and fully documented appraisals of the parcel(s) listed on Schedule "A".
The Appraiser shall apply the legal opinions and conclusions of law as given by the attorney for the Acquiring
Agency and shall use proper appraisal techniques, methods and analyses applicable, ogrees to prepare the appraisals on the
approved forms to be provided by the Acquiring Agency, as such forms are applicable, ond in accordance with all instructions
provided, including execution of the Affidavit of Appraiser, when requirad. The legal opinions and conclusions o# law given
by the attomey will be fully set forth in the appraisal reporr.
The Acquiring Agency shall furnish the Appraiser with parcel numbers, right of way plat sheets, lega! descrip-
tions ond names of record owners, field notes and construction plen data (when available) sufficient to identify the property
and define the appraisa! assignment. The Appraiser will, however, assume responsiEility for tne completeness, accuracy or
cpplicability of appraisal-type information, sales, or other data given to the Appraiser from whaiever source.
ti�i thi r, 7 w rki g days after noti f' ati o
The Appraiser will begin Er�r-t�re- �ay o� ��__ ,�o fully complete the assigned
appraisa�s anci deliver for review and acceptance to the Acquiring Agency at OSh�COS{1, wiSC011S111 _�
the appraisel report on eoch parcel, prepared in tr�l icate _by_90 working day�9 , time being of the
essence, it being understood and agreed that in the eve�t the Appraiser shall fail to do so, the Acquiring Agency shall con-
sider thz services of the said Appraiser terminated and the Acquiring Agency shall not be (ioble to payment for appraisols
subrr�itted ofter that date. Any extension of time must be expressly granted in writing by the Acquiring Agency. The
Acquiring Agency reserves the right to retain �`� A per cent�m of the appraisers fee pending review and acceptance
of the appraisal report. Non-acceptance of any appraisal report must be in writing mailed to the principal office of the
Appraiser specifically delineating any departure. from legal instructions, errors, or omissions needing apparenf or actual
inclusion, cicrification or correction. If such written memorandum is not mailed within_�.Q_ doys of the delivery of the
appraisal report as above specified, the report shal! be deemed eccepted for the purpose af fees only and sha11 not release
or otherwise affect other provisions of this contract. The Acquiring Agency may not, however, exercise a right to retain any
portion of the appraiser's fee for matfiers only involving differences of professional approisers opinion. Any matters not
remedied promptly after proper notice is given, unless the time to comply is specificaliy extended, shall constitute o material
breach of this contract.
The Appraiser's estimate of the various appraisal values will take into consideration all state and local
regulations, codes, laws and other rules applicable thereto.
The Appraiser wil� make o personal inspeci'ion of eoch parcel to be appraised and will prepare the appraisal
indepertder; of ar,y o;;:er appraiser empleye� by tFe Acquiring Agency. The Appraiser. agrees not to diswss, negotiate or
convey information used in connection with any appraisal to ony person or entity, excepf thaY the Appraiser may discuss or
convey information to the property owner in a manner necessary for the sole purpose of ga�ning admittance for the inspection -
of the premises. TheAppraiser will not, except on proper order of the courts, furnish to ony other person or agency any copy
of the appraisal report or information contained therein. The appraisal report prepared for and furnished to the Acquiring
Agency is confidential and a breach of such confidence by the Appraiser shall be considered a materiai breach of this Cor-
tract. The eppraiser may submit mondatory reports or information to insiitutes, societies or other organizotions only after
tne completion of all pending litigation and with the advance approvo) of the Acquiring Agency.
Each party hereto will furnish any available informetion in its p�ssession to the other upon request, if in the
opinion of either party such information will 6� helpful in accomplishing tfie purpose of this ConYract.
The approisal repor�s furnished the Acquiring Agency wil! be reviewed by the �cquiring Agency and the
— DQZ,�I�L1S10[]___Qf_�1�i14•!�S __to deterraine inat the appraisal reports are occeptoble. 7he Acquiring
Agency moy requ�re correction of inechanical errors or that addi;ional information or documentation be submitted at a reason-
ecle time ofter delivery witfiout the incurring of extra cost to tne Acquiring Agency.
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�R-A-120-69
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Shouid the Acquiring Agency require and request the attendance of the Appraiser at conferences to discuss
aspects of the appraisal report, additional compensation shall be paid for such time spent in conference at the rate of
�___y 1%_ '�' per (doy) (hour ). In the event a revi sion of the apprai sal i s necessary through t�e Appraiser's
error, or oversight, such revisions ar corrections shall be made as part of the parcel fee as previously established on
Schedule '�A". However, if the reviewing agency requires additional work on the part of the Appraiser through no fault of
the Appraiser, he shall be paid at the rate established in this parcgraph_
It is agreed th.at the appraisals submitted under this Contract shall become the so(e property of the Acquiring
Agency, it being a condition, however, that the use of part of any appraisal report without consideration of the wf�ole is
strictly prohibited and the appraisal, when used in this manner, is null and void and o{ no effect. It is agreed tnat the
Acquiring Agency i.s free to show the appraisal report to the owner or party of interest.
In the event of litigation, it is agreed that the Appraiser shall be availa6le to the Acquiring Agency in the
project area without travel or lodging cost to the Acquiring Agency for appraiser-eounsel conferences and for any subsequent
pretrial conferences or court testimony on properties which have been the subject of oppraisol by the Appraiser. Additiona[
compensation for all such conferences prior to trial shall be at the rate of �_1�, ���° per (da�) (hour}, and for
court testimony or attendance in court at request of trial counsel compensation will be computed on the bosis of �
� �;�';i_ �'t' per (day) f�rov►� or part thereof. Poyment for time expended at the request of or in compliance
with legal process in beha�f of adversary parties, not performed.ot the request or demand of the Acquiring Agency, shall not
be the obligation of the Acquiring Agency. '
The Acquiring Agency will reimburse the Appraiser for services performed under this Contract on the basis
of the stipulated fees set forth in Schedule `�A" and on the basis of the provisions set forth herein, after the presentation
by the Appraiser of three cop�es of a reasonably detailed statement.
It is agreed that no additionol fees sha{I be allowed the Approiser for assistance by, or services of, supporting
appraisers, except by express prior permission in writing by the Acquiring Agency; nor shall any of the wor{c performed pur-
suant to this contract be sublet, transferred or assigned, except as may be specifically provided herein.
It is understood and agreed that the approised vaiue set forth by the Appraiser in his report may be subsequently
affected by laws, regulations,or economic conditions 6nd that.the appraisal is valid only for a reasonabfe time after submitted.
The Acquiring Agency shal! have the right of concellation or reduction of services under the terms of this agree-
ment in the event the progress or quality of work is unsatisfactory, or in the event of changes in Acquiring Agency plans which
obviate the necessity for such appraisal, by giving notice by mail to the Appraiser herein and shai) be liab{e for services
furnished only to the date of the receipt of such notice by the Appraiser. In this event, partialty completed work shall become
the sole property of the Acquiring Agency. This contract may be increased and the fees payable for such increases shall be
mutually agreed in writing. �
Should any dispute arise as to a question of facfi in connection witn the �voric contemplaied under ti�is Contract,
which may not be covered by the Contract, or, shall ony other ma'ter arise not clearly cevered by this Contract, t�te Appraiser
shall immediately notify the Acquiring Agency in writing before proceeding with work under the Contract. The Acquiring
Agency shall thereupon make an investigation, and if it finds that such fact materially cffects the Contract, a S�pplement to
Contract shall be made covering the item. Upon faifure of agreement on such disputed fact, the appraisol(s) affected shall be
excluded from the work covered by the Contract. -
7he Approiser agrees to indemnify and save harmless the Acquiring Agency its officers, agents, and empfoyes,
from any and all claims and losses accruing or resulting to any and oll persons, firms, or corporations furnishing or supplying
work, services, materials, or supplies in connection with the performance of this Contract, and from any and oll claims and
losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the Appraiser in the perfor-
mance of this Contract. It is expressly �nderstood that the Appraiser is on independent contractor and is subject to all
statutes and laws relating ta independent contractors and in no-event wiil the Appraiser be considered as on employee of tf�e
Acquiring Agency or any of its agencies.
The Appraiser warrants ihere is not nor has ony employee, directly or indirectfy, any financia( or personaE
interest in or to any tract, piece or parcel of land included within the limits of said highway project except as specifically
set forth in writing under separate cover and attached hereto; nor is there, directly or indirect{y, financial or persanol interest,
other than this employment or retention by the Acquiring Agency, in any contract or su5contract in connection with this pro-
ject. Should either the Appraiser or any employee prior to the completion of the above-merstioned appraisa! services, acquire
any interest in properties within the project or in any contract or subcontract in corsnection witl� such project, the Acquiring
Agency shall be immediately notified of such interest. The Appraiser also warrants tfict no one has been employed or has
any company or person be retained other than a bona fide employee working solely for the Appraiser, to solicit or secure this
agreement, and that there has not baen payment paid or is there an agreement to pay to any company or person, ot'ner than a
bono fide employee working solely for the Appraiser, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon e� resulting from the awa;d or making of this contract. .
For breach of any provisions contained herein, the Acquiring Agency sf�a1) have the right to annul this ContrQCt
iithout liability, and the said Acquiring Agency shall thereupon pay only such considerotion it deems to have accrued. The
�cquiring Agency shall be the sole judge os to whether the services performed under this Contract are in accorcfance with tl�e
rerms ond conditions as stoted herein, and the Acquiring Agency shall be the sole judge of the percentage of work which has
not been completed because of (a) contract cancellation, (6) reduction of services under the terms of the coMroct, (c) termi-
nation of contract because of unsotisfactory progress or quality, (d) changes in plans of the Acquiring Agency which obviate
the necessity for the appraisal, or (e) for any of the terms and conditions as stated herein or as stated in ony Supplement to
Contract pursuant to this agreement.
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R-A-120-69
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In connection with the performance of work under this contract, Yhe contractor agrees not to discriminote
against any employee or applicant for employment becauseof race, religion, color or national origin_ The oforesaid provisions
shall include, but not be limited to, the following: �employment, upgrading, demotion or transfer; recruitment or recruitment
advertising; loyoff or termination; rates of pay or other {orms of compensation and selection for training; including apprentice-
ship. The contractor agrees to post in conspicuous places, available for employees and applicunts for employment, notices
to be provided by the contracting officer setting forth the pFovisions of the non-cliscrimination clause.
If this contract is on a Federal-aid project, the required nondiscrimination provisions for federal-aid contracts
are made a part of this Contract and are attached hereto.
1N WITNESS WHEREOF the porties hereto have caused these presents to be executed on thedates shovm_
Approved: State of 1Yisconsin
Department of Transportation
Division of Highways
Highway Commission Secretary
Approved:
Governor of Wisconsin
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Acquiring Agent
By:
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�.r,:� successoz•s zr. _i;::e�est (heTe.zn�,ftel� referre:i to �.s rfJCr "cv:�tr�:ctoz-"}, �y1c-�cs as
fPl? U:r:'.
.Z. C/JlsnliGn�e :T.Z��: T'c?:'�J?t10:�_S: `rf]B COI'Itr��c�vr 41�.1� CO.'1T�1�: I:'.itl! ttt�' F:GQU.L��201i�:
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Of {:t:° 1�E'�7�tX'L;:��:I;i O� COI: ^::'2'C�' I'E�c:t1VC '�p nondiscr.ir.,in�t.zon 21t fE'C?G1'�i�1t7--c't�;52 ;�!'CZ
pxogz�«r.rs of th� D:�r��rt��nt of Co�:��rce �(1'itle .ZS, Co�Fe o� Fc:Ier�-�1 Resi:?atic.�s, --
P�z�t P, hereir2�:.fter zeferz•�d to �s tr� Reyula�ions) , c:�hich are herein incox��.or.�.ted
by referenc�� �.n:: ;..�cc� a purt of this contr�:et. . . -
� 2. 1�!�i7i.''2.`:C?'17i12Pu �_70,^.: _ 1'r;� C071tTcZC�OZ'� with regard t0 �f2�' P:JZ'�_ �;_°Z'�OI"I:!c?Q bt� 2�` c��tc:T
as•:�rd �.nd nrioz �o ca::�.Zetioti of the con�ract ;vork, c•�i11 r.�t disc.r.ir,•1ina�e on tl:e
_: .__ __._. grou.�d."of,xuce, color, or nat.ional oriyin in the selection and._retentio:� .of sub- .
ccJ��r�c�oxs, ir,c1 u: i:.� procurY.:.ents of n;uL`G'r1c"IZS ar.d Ieas�s of equip:�:ent. ..T�z� _
contractor c•r?I1 r.ot p�rticipate either_ directl1 �r indireci3y in the discrir.�ir_a-
tion prohib.ztec? :ey Section 8. � of the P.egulations, incl�ding errplo��zr.nnt . prGctic�s
when the contr4ct covzrs a progra:� se� forth �n AppalIlllY. �i-�1 of the Regula�ions.
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3. So.Zicit�;tzo,-�s for S�?�contrac�s, �ncZudina� Precurer�ents of t'at�r.zals and Enuin:�ent:
In a.i3 solicit�zt�a:�s eit:«r vy co��etit�:ve biddiry or neyo��a�ien .-:racQ : y t�e
contractox for :�or�, to be per�orrr.ed under a sub: ontract, inclu�zng pracu...renents
of materials or eauip.:��nt, each pote,��ial subcontractor or sup�2ier sha12 be -
no�ifzed by th�.ccn�rwctor o� the contrac�or's obZigations under this con�ract --_.
anc? the Regu�atians r�2ative to nondiscrirr►ination on the grour.d of race, color
� or national origin. _ .
4. Zn�`orm.ation an.d �?e�orts: The COIl�T."c2Ct0?" c:.zll provide aZI inforrrz�tion and regorts
xeq;iired by the �e�u1a �io .s, or orders and instruct?ons issued pursu�n� thereto f
�nd will perr,eit access to its i�oi:s, records, aceaur.ts, other sources of inforna-
tion�. and its fac�Iities as may be de�errrined h� thz Sta�e Hirhr�ay Co.�..�iission or
the Eureau of PubZic �oads to be p�rtinent to ascertain conol.iance ��ith such
Regulations, o�ders znd instxuctions. t,7�ere any infoz-rration xequixed of a cor.-
tractor is in th� ezclus?ve passession of ano�hvx L•T�O fails or refus�s to furnzsh
th.is a.nforr!�ration, �h� contractor sha�1 so certify ta the S�ate F!ighy,ray Depar�r.:- nt,
. or. ihe Bezreau of Pub2.zc Roads as �ppz'op1'.1:ate� and sha1Z se�. forth what efforts .i�
has rT�de to ob�u�n th� i.nform.atiorl.
5. Sanc�zans fo,� iJOn�OTi�!j.c:r._�e: In the even� of fi:e con�actor's nonco:npl.zance vrith
tfz� rzondiscrin;.i:�tio� ?rovisions of this con�r_act, the State H.ighc�ay Co.�anisszon
sh:�.� ir.?pose such con�rac•� sar:ctior�s as zt or the BurGau of PubZ?c Roads m.��
deterrrine �o b� �:ppropriate, including, but no� J_iraited to, �
a. t1z�h�Iding of na�.^snts to the contractox under ths con�ract trnti�
the contractor co:�p.Zies, c.riCI�G2'
b. cancel2��tion, terr.tin�tion or suspension of th� contr�ct� in whole _. ._.
ox �.n part. � � • .
6. Incor�r�-:tion o!` P.:orisior.s: 2'he contractox wi�Z2 .zncZude th.e provisions of
p�ar�gr�ph (.Z) t�rolg:: (6) in e�Texy su�contract, incZuding proctzz-e.;:ents of
ma�eri4ls and Ie�:s�s of euuip:rent,. unless exempt by th� Re�u.Zatio:�s, ordQr, or
instructions .zssuec: pLrsuant ti:erei:o. The con_tractor Y-i?I fat:e such action with
� xesp�ct Lo ary SUIJCO^truct or nrocure.�ren� as �hs State Eirh::ay Com.mission or th�
Buxe�z�r of Pc�;nZic � oads ray direct as a r,i`ans of er.forc:ng such provisions includ-
ing sancL-ions for T10.^.C.7:i1'�Izance: Provided, iL20ATE.'VP.1"� that, in the event a con-
trac�or b�co�=s �n�✓a1VECI i.�, �r is th.rea�ened c�i�h, Zii:iga�ion cozth a subco�tra.ctar
ar supplier as a resu? t, of suclz dire�tion, �he contractar r.�y reQUest th� State to
enier into s�:ch .Zifi�a�ion to pratect the interests of i:he Sta��, and, in ac.'dition,
th� contractor .`� re�aest the L'ni�ed States to enter into such �i�iga��on to pro-
�ec� tne interests o� tne L'nited States.
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The folZo•.�ing non-discxir.iir.a�zon claus�, p=ep�ed i.n a�cordance tilith s_ t -
51.434 {1,j , VJi.sconszn Statutes, xs `hereby cade a part of this cantzzct_ '
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izi co.-cnection wx�h the perzor�eance o� war:t ur.3er thxs contr�ct� the con- ' '
tractor agrees not to disaimznate agains� any e.-�pZoye or appiicant £or "
e.�nploynent k�ecau�e of sex. �age, race, religion, coZor� handicap� physicaZy .
con3ition, develop:�enta� . disability as de_°ined in s_ 5I.43�4 �Z? or natianal
origin. Tnis provision shall 9.nclude, ou� not b= IiMite�I to, the fol.Io;�zng r
.. �emp2oy�ent� ucgracii.ng, cemotion or trazs_°e�; recruitc�ent oz- xecru�taent
advertzsiny; layoff or terminatior.; rates of pa} ar other for�s of conp�n-- _
sation; an� selec�ion fer traini.ng, ir_cZ�uwi.ng app�enticeship_ Tha co�tacactor
fuxther agrees to take affizmative ac�io:r to ensure equal empl.oy�ent og,�or-
tunities foz per�ons with disabiizties. i'rte contiractv� zc�zees to p�st in ~
conspi.cuous places, avaii.ab�e for eznploy�s a:,d appzzcan�s for a-n�I.o��zen�,
notices'to be provide3 by the coatrac:�zng officer settin� foxtiz the pro-
visions of the nond.i5crir.�ination cl.a4se. �
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