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Home My WebLink AboutHGM Architecture, Inc 6/18/2015V r� i'�a i �'��;, PROFESS/ONAL SERV/CES AGREEMENT-DES/GN/S/TE REV/EW SOUTH PARK RESTROOM FAC/L/TY THIS AGREEMENT, made on the 18TH day of JUNE, 2015 by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and HGM ARCHITECTURE INC, 805 N MAIN STREET, PO BOX 976, OSHKOSH WI 54903- 0976, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, agree as follows: (Note: If anything in the Proposal conflicts with the Request for Proposals or this document, the provisions in the Request for Proposals and this document shall govern.) ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this contract: (RON D HANSCHE, PROJECT MANAGER, HGM ARCHITECTURE 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: (RAY MAURER, CITY OF OSHKOSH PARKS DIRECTOR) ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the engineering services described in the Consultant's "New Restroom Facilities South Park" proposal dated June 17, 2015 and attached as Exhibit A. If anything in the Consultant's proposal conflicts with this agreement, the provisions in the agreement shall govern. and is incorporated into this agreement to the extent it does not conflict with the CITY'S Request for Proposals, or this agreement. 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 All work to be performed under this contract shall be completed on or before APRIL 30, 2016 unless the parties agree in writing to extend this date. ARTICLE III. PAYMENT A. The Contract Sum. The CITY shall pay to the CONSULTANT for the performance of the contract the total sum of 515,100.00 (FIFTEEN THOUSAND ONE HUNDRED DOLLARS AND 00/1001, adjusted by any changes as provided in the proposal, or 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. ARTICLE IV. CONSULTANT TO HOLD CITY HARMLESS The CONSULTANT covenants and agrees to protect and hold the CITY 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 V. INSURANCE The CONSULTANT shall provide insurance for this project that includes the CITY as an additional insured. The specific coverage required for this project are 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: CONSULTANT ,�,�1 .4. i� � (Seal of Contractor if a Corporation.) 3 (Specify Title) � (Specify Title) CITY OF OSHKOSH BY: /'-'/�—��..- �C� ( itness � �'2� ��/ ( itn ss) APPROVED: Mark A. Rohloff, City Manager And: L� LL�(J� ��'' l Pamela R. Ubrig, City Clerk � I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. �� ' � ' �� Ci tomey \.� �.City Comp oller EXHIBIT A 5 HGM ARCHITECTURE �,�. SU5 NorYh Main Str¢ef • P. O. Boz 0976 • Oshkosh, 4V1 54903-097G Phone: (Y26)23L695U • FAX: (920) 231-4518 Revised June 17, 20 i 5 Pr000sal: New Restroom Facilities South Park Oshkosh HGM Architec[ure, [nc. proposes to provide the following scope of services to prepare design and construction documents for a new resnoom facility in South Park that will include a pavilion connected to the restrooms and a unisex changiog room for the splash pad located in the park. Hold an initial meeting with Parks Dept. to determine number of plumbing fiatures for each sex, verify the number and size of changing rooms, and develop the size of [he pavilion. Phase 1 - Develop a Preliminary Site Plan for location of facility for initial approval by Site Plan Review Commiitcc. It is assumed the buildiug will be placed on d�e siYe of the existing restroom. Meet with �arks Dept. on site to verify location and review preliminary designs. Attend a Sitc Plan Review meeting. - City of Oshkosh Parks Dept. and Public Works Dept. will provide an existing Site Plan of area in park affected by the project including utilitics to and froro building, existing walks, drives and parking areas adjacent m the building, and existing sheltec Also required will be topo�.;raphical survey information within 100 feet of the� existing facility. Should the Parks Department request the Topographical Swvey be provided by HGM Arc6itec[ure, Inc., a sepazate fee will be proposed to complete that Survey. - Develop a Prcliminary Floor Plan for Parks Board and Planning Commission approval - Develop exterior elevations as a 3D eoncept for presentation - Attend a Park Board and Plannin�* Commissions meeting for presentation of thc project. - Develop probable construction costs for construction in late 2015/early 2016 Phase 2 - Prepare construction documents and Building Inspection Department approval Yo construct thc facility. - Release for bidding and receive bids on behalf of the Parks Dept. Phase 3 - Award of construetion contracts to be provided by City of Oshkosh - During the construction Yhase HGM Architecture, Ine. will conduet the preeonstruction meeting and provide minutes. During consiruction phase, on site observations will be eaiducted bi-weekly as construcCion proceeds. Shop drawings will be reviewcd. - Parls Dept. will reeeive contractor payment requests, vcrify and forward for payme�tt. - A final inspection of the project will be eonducted, punch list issuul along with Certiticate of Substantial Completion. Final closing documents will be collected and forwarded to Yarks Dept. A probable schedule for the three phases, plam�ing, design and construction is: Phase 1 - Prcparc prcliminary desigu and receive approval from the various Boards and Commissions. Complete by early August. Phase 2 - Prepare construction documents and receive construction bids early October Phase 3 - A�vard construetion cou[rae[s and begin eonstruction mid to late October - Complete construction and open for use in April 2016 HCM Architeoture, [ne. proposes to complete Phase I and 2 as follows: Phase 1: Preliminary design for a fee of ........................$ 2,700 Phase 2: Prepare construction documents and receive construction bids for a tce of ..........................$ 9,000 Total Tae for Phases l�@ 2: $1 1,700 As an option for consideration by the Parks Dept. HGM Arehitechire, Ine. proposes to provide Phase 3 construclion services for an added fee of ..................................$ 2,800 Reimbursable expenses to print and distribute doeuments will be invoieed at cost, an allowaiice of $600 is included in the total cost of services. Total cost for services including reimbursable expenses $ I5,100 Should the Department request the topographical survey be completed by HGM Architecture, lne., the survey will be completed For an added fee of $850. Additional services and on-site visits requested by the Parks Dept, during the eonstruction phase will be invoiced at the hourly rate of $110 per hour. � Thank you for the opportunity to submit this revised proposal. �p � ully Submitted: -i ' �tonal� d D.`Ilansch�� HGM Architecture, ]nc. Tjw I115Proposal