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HomeMy WebLinkAboutRettler Corporation AGREEMENT THIS AGREEMENT, made on the j I day of March 2011, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and RETTLER CORPORATION, 3317 business Park Drive, Stevens Point WI 54482 -8834, hereinafter referred to as the CONSULTANT, WITNESSETH: That the City and the Contractor /Consultant, for the consideration hereinafter named, enter into the following agreement. The Contractor /Consultant's proposal is attached hereto and reflects the agreement of the parties except where it conflicts with this agreement, in which case this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Consultant shall assign the following individual to manage the project described in this contract: Jeff Bahling, RLA, ASLAL, Senior Landscape Architect B. Changes in Project Manager. The City shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The City shall be provided with a resume or other information for any proposed substitute and shall be given the opportunity to interview that person prior to any proposed change. ARTICLE II. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: Ray Maurer, Parks Director ARTICLE III. SCOPE OF WORK The Consultant shall provide the services described in the City's Request for Proposals and Proposal of the Consultant. If anything in the Proposal conflicts with the Request for Proposals, the provisions in the Request for Proposals shall govern. The Consultant may provide additional products and /or services if such products /services are requested in writing by the Authorized Representative of the City. 1 All reports, drawings, specifications, computer files, field data, notes and other documents and instruments prepared by the Consultant as instruments of service shall remain the property of the City. ARTICLE IV. CITY RESPONSIBLITIES The City shall furnish, at the Consultant's request, such information as is needed by the Consultant to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Consultant's work the City will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the Consultant's proposal. The Consultant shall perform the services under this agreement with reasonable diligence and expediency consistent with sound professional practices. The City agrees that the Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond the Consultant's control. For the purposes of this agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions or other natural disasters, failure of performance by the City, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the Consultant to perform its services in an orderly and efficient manner, the Consultant shall be entitled to an equitable adjustment in schedule. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Consultant for the performance of the contract the total sum of $22,950.00, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. The Consultant shall submit itemized monthly statements for services. The City shall pay the Consultant within 30 calendar days after receipt of such statement. If any statement amount is disputed, the City may withhold payment of such amount and shall provide to Consultant a statement as to the reason(s) for withholding payment. C. Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendment to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. 2 ARTICLE VII. CONSULTANT TO HOLD CITY HARMLESS The Consultant covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the Consultant, his agents or assigns, his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any violation of any law or administrative regulation, and shall indemnify or refund to the City all sums including court costs, attorney fees and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand for indemnification or refund. ARTICLE VIII. INSURANCE The Consultant agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE IX. TERMINATION A. For Cause. If the Consultant shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the City shall have the right to terminate this Agreement by written notice to the Consultant. In this event, the Consultant shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The City may terminate this contract at any time by giving written notice to the Consultant no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Consultant shall be entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. 3 In the Presence of: RETTLER CORPS 11;J 0 1,0 By: c v a.y `y Al / 1e5 rv,1✓1 ?resderit (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) ,_., CITY OF OSHKOSH rA , By' a`— /2 � � Mark . - Rohloff, City Manager, (Witn- .) - _ . , _ _.. � ��� .�_� And: 6, _I) D . y 7 ,7 itn- ) 1 Pamela R. Ubrig, City Clerk ` APPROVED: I hereby certify that the necessary provisions r^, have been made to pay the liability which will r accrue under this contract. 1 ij -City Atto ey p s7 r,e4„27 Ci mptroller 4