HomeMy WebLinkAboutHydro Designs 3/16/2012 AGREEMENT
THIS AGREEMENT, made on the 'Oh h day of March , 2012, by and
between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY,
and Hydro Designs Inc. party of the second part, hereinafter referred to as the
CONSULTANT,
WITNESSETH:
That the City and the Consultant, for the consideration hereinafter named, enter into
the following Agreement. The Consultant's Proposal is attached hereto and reflects the
agreement of the parties except where they conflict 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 Agreement:
Craig Wolf, Operations Director
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
Agreement:
Stephan M. Brand, Utilities Superintendent
ARTICLE III. SCOPE OF WORK
The Consultant shall provide the services described in the Consultant's Proposal.
The Consultant may provide additional products and/or services if such products/services
are requested in writing by the Authorized Representative of the City.
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.
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ARTICLE IV. CITY RESPONSIBILITIES
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 Agreement shall be commenced and the work
completed within the time limits as specified in the consultants 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. COMPONENT PARTS OF THE AGREEMENT
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. Consultant's Proposal
In the event that any provision in any of the above component parts of this
Agreement conflicts with any provision in any other of the component parts, the provision
in the component part first enumerated above shall govern over any other component part
which follows it numerically except as may be otherwise specifically stated.
ARTICLE VII. PAYMENT
A. The Agreement Sum. The City shall pay to the Consultant for the performance
of the Agreement the total sum as set forth below, adjusted by any changes
hereafter mutually agreed upon in writing by the parties hereto:
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• Total contract amount of$159,600.00 Dollars over 24 months to be made in
monthly payments of$6500.00 Dollars
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.
ARTICLE VIII. CONTRACTOR 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 Agreement 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 IV. INSURANCE
The Consultant agrees to abide by the attached City of Oshkosh Insurance
Requirements.
ARTICLE X. 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 Agreement 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.
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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.
In the Presence of: CONSULTANT
By:
'6 ?—
(Seal of Consultant (Specify Title)
if a Corporation.)
By: 2//6. % U (2A
e Fv
(Specify Title)
CITY OF OSHKOSH
4C/ 1 L' By: /t 4-r?�G��li
j lyviTness) Mark A. R
_ ohloff, City anager
_ I ►�� .►(� And: '�� '� -� .i
(1/:
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Wit =ss)w Pamela R. Ubrig, City/Clerk
,i.
APP;OVED: I hereby certify that the necessary provisions
have been made to pay the liability which
which will accrue under this Agreement.
ty Attor -
City Co p �olt'er
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