HomeMy WebLinkAboutRettler Corp 2/1/2012 AGREEMENT
THIS AGREEMENT, made on the 1st_day of February 2012, 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 Rainbow Park
Planning Services 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.
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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 $8,950.00, 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
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forth in a written amendment to this agreement executed by both parties prior to
proceeding with the work covered under the subject amendment.
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.
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In the Presence of: RETTLER CORPS a a
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By: a '
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(Seal of Consultant (Specify Title)
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By:
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CITY OF OSHKOSH
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/ 71 / '' M rk A. Rohloff, City Manager
(Witss)
._. ...�.4 11,. . . i . And t--- .,1 )d T ) ��
( 7 ng s) Pamela R. Ubrig, CAW-Clerk
APPROVED: I hereby certify that the necessary
1 provisions have been made to pay the
liability which will accrue under this
=M f. A 1 1 ' ..:11J contract.
i y Attorney n _ __
/—:,_??Ci '� Comptroller
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