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Home My WebLink About45. Oshkosh Opera House Foundation Agreement for Enhanced Balcony Seating ProjectA6 Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark A. Rohloff, City Manager DATE: July 17, 2017 RE: Oshkosh Opera House Foundation Agreement for Enhanced Balcony Seating Project At their June 27, 2017 meeting the Common Council approved the acceptance of a donation from the Oshkosh Opera House Foundation for an enhance balcony seating project and directed staff to work on an agreement summarizing the responsibilities of both parties for the project. The agreement is attached. The agreement lists the City's responsibilities, which includes acceptance of the donation and our commitment to furnish any information to aid in the progress of the project at the request the Foundation or the Foundation's Contractor. The agreement lists the Foundation's responsibilities to include paying for all costs for materials, installation and any other services necessary to complete the project. In addition, the Foundation will remove approximately 244 center balcony seats and transport them to a City storage location and if needed later, to reinstall the former seats and replace any balcony carpet as necessary. The agreement also lists the Foundation's contractor for the project must meet the City's insurance requirements. If you have any questions on this agreement please contact myself or General Services Manager Jon Urben. Respectfully Submitted, Mark A. Rohloff, City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us AGREEMENT FOR BALCONY SEAT ENHANCEMENT PROJECT OF THE GRAND OPERA HOUSE This Agreement is between the City of Oshkosh ("City") and the Oshkosh Opera House Foundation ("Foundation"). The purpose of this Agreement is to effectuate the Foundation's donation of labor and materials for a balcony seating enhancement project within Grand Opera House in the City of Oshkosh and the City's acceptance of such donation subject to the conditions described in this Agreement. RECITALS A. The Grand Opera House building, a historic building located at 100 High Avenue owned by the City of Oshkosh, has 224 seats in the center balcony. B. The Foundation through an underlying donor wishes to fund a balcony seating enhancement project. The Foundation through its underlying donor(s) will donate funds sufficient to cover all materials and labor for this project. C. The remodeling of public buildings is considered a public works project by Wisconsin Statutes. However, §62.15 of the Wisconsin Statutes allows municipalities to accept donations of materials and/or labor for public construction as an exception to the requirements of the public bidding statute. THEREFORE, in consideration of the mutual covenants of each of the parties as described in this document, the parties do hereby agree to the following terms and conditions: AGREEMENT Article 1 — Contract This Agreement consists of the following component parts, all of which are as fully a part of this Agreement as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. A letter dated June 16, 2017 from Joseph A. Ferlo, President and CEO of the Oshkosh Opera House Foundation, Inc., summarizing the project scope 3. Plans for Seating Enhancement Project This Agreement may be modified through written amendment and agreed to by all parties. Other documents, such as emails, may constitute approved changes without signatures to the extent these writings clearly reflect an Agreement of the parties, do not conflict with the Agreements enumerated above and do not require additional compensation. Article 2 — City's Responsibilities The City of Oshkosh accepts the donation and as permitted by Wisconsin Statute §62.15 agrees to enter into an Agreement with the Foundation for this project. The City shall furnish at Foundation's or Foundation's Contractor's request such information as is needed by the Contractor to aid in the progress of the project, providing it is reasonably obtainable from City records and shall render such decisions as are necessary to aid in the completion of the work in a timely manner. Article 3 — Foundation's Responsibilities The Foundation shall purchase seats which shall be compatible with the remaining seating in the Opera House and shall contract for any necessary modifications to the balcony and installation of the new seats. The Foundation shall pay all costs for materials, installation and any other necessary services pertaining to the Balcony Seat Enhancement Project. At the time of execution of this Agreement, plans are being reviewed by the State of Wisconsin Historical Society. A copy of the draft plans are attached to this Agreement. At the time of approval by the Historical Society a copy of the final approved plans shall be clearly identified as the final approved plans and attached to this Agreement as an Exhibit hereto. The Foundation will remove approximately 244 center balcony seats and transport them to a City storage location and purchase and install replacement seating in accordance with the approved plans. Any contractors hired by the Foundation for this project must meet the City's insurance requirements (Exhibit A). Replacement seats shall be installed in such a manner that they may be removed at a future date if determined necessary by the City. If it is determined that the former balcony seats need to be reinstalled back into the Grand Opera House, the Foundation shall be responsible to remove the new seats, reinstall the former seats and replace any balcony carpet that was removed/altered as part of this project. Article 4 — Miscellaneous Provisions This Agreement shall be governed by the laws of the State of Wisconsin. Disputes shall be resolved in the venue of Winnebago County, Wisconsin. This Agreement represents the entire Agreement between the parties and supersedes any and all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument signed by all parties, except in those circumstances described in this document where a signature is not required. [SIGNATURE PAGE FOLLOWS] 2 This Agreement entered in this 171'd day of ��L Y 12017. CITY OF OSHKOSH By - Mark A. Rohloff, City Manager OSHKOSH OPERA HOUSE FOUNDATION, INC. By: rank Tower, Chair Pamela R. Ubrig, City Ge`rk 0 Jenna G em, Secretary Approved: By:�� Com: 4Ln. Lorenson--,City Attorney 3 June 16, 2017 Mr. Mark Rohloff, City Manager City of Oshkosh 215 Church Avenue • P.O. Box 1130 Oshkosh, WI 54903-1130 Dear Mark: At its monthly meeting this morning, the Oshkosh Opera House Foundation voted to proceed with funding, in full and with private funds, an enhancement to the balcony seating at. the Grand Opera House, which will be donated to the City of Oshkosh as a feature of this facility. The enhancement will replace 224 seats in the center balcony with 100 modern theatre seats, which will of course be complimentary to the seating and decor of the Opera House. The installation will be completely reversible if need be, but will provide a superior audience experience with wider and more comfortable seats and superior legroom. We have engaged the services of engineer Tom Karrels, whose knowledge of the facility is extensive, and he has been and will continue to work with city staff to ensure compliance. The work of creating wider aisles and superior legroom (by "filling" and leveling alternate seat aisles with matching carpet) will be conducted with a licensed contractor, working in conjunction with Mr: Karrels. In addition to creating, a superior audience experience, the earning capacity for performances at Grand is actually increased (a goal we have all agreed was desirable) in this alignment, as what were previously D and E level seats are now replaced by AA seats. There are no restrictions or conditions to this donation, and we will 222 Peazl-Avenue Oshkosh, Aisconsini execute it with privately raised funds at no expense to the City, as we did _ 54901 ": with the $1 million Grand Lounge project in 2010. We expect the cost of 9204242355 seats and modifications to code to cost between $100,000-$150,000, and Grand Opera House: - as I mentioned, the cost will be entirely covered by private funds raised by 100,Higfi tre.: the Oshkosh Opera House Foundation. The financing is in place and we are Pb Box:1004 Oshkosh, Wiscons prepared to begin immediately upon acceptance of this donation. 54903=X1004:- _. 920-42 It is likely that a plaque will be installed at the side aisle of the balcony, to recognize any do and to continue to recognize the donors whose .nors i� . 9204242357 Fax names have previously appeared on the seat arms for the seats which will - -_ ': www.'g�a'ndoperaFiouse:or9.: be removed and replaced. This will be done at a level of taste and quality consistent with the recognition done in the previously mentioned Grand Lounge project. We expect that there will be no additional maintenance required for these seats, once installed. In fact, we expect that the new seats will require less maintenance than do the seats currently installed. Though reversible if need be, the contactor and engineer, working with the City, will ensure that the lifespan of the project will align with the lifespan and maintenance of the facility. We have been in communication with Jon Urben as this project developed, and have presented to and will keep informed the Grand Opera House Advisory Board. We respectfully request the Oshkosh Common Council accept this donation on behalf of the citizens of Oshkosh, in order that we might proceed during the summer "down time" and have this enhanced seating experience available in time for the new season which debuts after Labor Day. If you have any questions, please do not hesitate to ask. All of us at The Grand thank the City Staff and mon Council for their collaborative support as we all work to create the best experience for audien es who attend performances at the historic Grand Opera House. 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