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Home My WebLink AboutCottrell Design, Inc 5/28/2015PROFESS/ONAL SERV/CES AGREEMENT.• ELECTR/CAL ENG/NEER/NG—COTTRELL DES/GN /NC ASSESSMENT OFEX/ST/NG GENERATORS THIS AGREEMENT, made on the zaT" day of May, 2015, by and 6etween the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and COTTRELL DESIGN INC., 1500 TEMPLE MORE LANE, GREEN BAY, WI. 54313, 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 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: IBruce E. Cottrell, President— Cottrell Design, Inc.) 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: IJon Urben —General Services Manager) ARTICLE III. SCOPE OF WORK The Consultant shall provide the engineering services described in the Consultant's "GENERATOR ASSESSMENTS OF EXISTING GENERATORS FOR THE CITY OF OSHKOSH" proposal dated 5/21 /15. If anything in the ConsultanYs proposal conflicts with this agreement, the provisions in this agreement shall govern. 1 The Consultant may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative 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 commence immediately and work will be completed no later than July 15, 2015 unless both parties agree to extend the completion date in writing. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Consultant for the performance of the contract the sum of 52,700, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. 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 reasonls) for withholding payment. C. Additional Costs. Costs for any additional services are to 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 IV. 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 2 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 V. INSURANCE The Consultant shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified on a separate document. ARTICLE VI. 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. In the Presence of: (Seal of Consultant if a Corporation.) CON y: G��% Pi '�' SiD�i.� 7 (Specify Title) � (Specify Title) 3 � / l '' ? �% � � 1 itness) / .) ��/; " t �f� �� t.�. (Witness) APPROVED: ,1-;�--� �,. City Attora y �.I = �-s ,_ -c% CITY OF OSHKOSH BY� /"/a--�i�/�' L/ Mark A. R loff, City Manager And: ��5 1 �1V�JY Y Pamela R. Ubrig, City Clerk � I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. ��4X'f�,,, !`�(�M Finance Director �1 Cottrell Deslgn Inc. Sinro 1997 May 21, 2015 1500 Temple More Ln Green Bay, WI 54313 Mr. Jon Urben, CPPO General Services Manager Purchasing, facilities Maintenance & Media Services City of Oshkosh 215 Church Avenue Oshkosh, WI 54903-1130 Re; Generator Assessments of Existing Generators for the City of Oshkosh, Oshkosh, WI Dear Jon: Cottrell Design, Inc. thanks you for the opportunity to submit our proposal to provide a written assessment of the existing generators at the Oshkosh City Hall, Safety Building, Grand Opera House and the Oshkosh Convention Center. Our proposal is based upon the preliminary project information we currently have in our offce. Electrical Services Iaclude: • (1) Initial site visit to examine the existing conditions of the emergency generators at the above listed facilities. • Evaluate the age condition and service capability of each emergency generator to determine the serviceability of each generator. • Provide an assessment report for each emergency generator based upon our site visit and discussions with City of Oshkosh personnel. The report shall be complete with photographs of existing conditions, and shall make recommendations to any potential upgrades, improvements, or replacement of existing generators. Electrical service fee...$2,700.00 Fee for additional project meetines...$500.00 Fee for additional site visits...$500.00 Fee for additional printine of electrical construction docuroent sets...Invoiced as charged from plotting service company. We appreciate your interest in our company and look forward to working with you on this project and others in the future. If you find our proposal acceptable, please sign/date and maiUe-mail a copy to us. If you have any questions, please contact us at 920-490-9415. Sincerely, Bruce E. Cottrell President (920) 490.9415 • (920) 819-1075 (Cell) • cottrelldesign@new.rr.com