HomeMy WebLinkAboutMartnRiley Architects-EngineersPROFESSIONAL SERVICES AGREEMENT-UPDATE OPINIDN OF PROBABLE
COST
THIS AGREEMENT, made on the 7TH day of AUGUST, 2015 by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and
MartinRiley Architects-Engineers, hereinafter referred to as the CONSULTANT,
WITNESSETH:
That the CITY and the CONSULTANT, for the consideration hereinafter named,
agree as follows:
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The CONSULTANT shali assign the following
individual to manage the project described in this contract:
(MATTHEW WIEDENHOEFT, MARTINRILEY ARCHITECTS-ENGINEERS)
B. Changes in Project Manager. The CITY shall have the right to approve or
disapprove of any proposed change from the individuai 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:
(JIM COLLINS, CITY OF OSHKOSH TRANSPORTATION DIRECTOR)
ARTICLE IIi. SCOPE OF WORK
The CONSULTANT shall provide an updated Opinion of Probable Costs to the costs
described for Scheme 2 in the ConsultanYs "Space Needs AssessmenY' final report dated
October 24, 2011.
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
reasonabiy obtainable from CITY records.
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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 AUGUST 28,
2015 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 $687.50 (SIX HUNDRED EIGHTY-SEVEN DOLLARS AND 50N00), adjusted by any
changes as provided in the proposal, or any changes hereafter mutualiy 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 additionai 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 p�otect 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 negiigent 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 aii 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. 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.
2
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 shail be entitled to compensation
for any satisfactory work pertormed 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:
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CONSULTANT
CaPTv.�.leY 11�G.
(Seal of Contractor
if a Corporation.)
(Witness)
(Witness)
APPROVED:
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CITY OF OSHKOSH
BY: �`7���2%J�/
Ma A. Rohloff, City Manager
I hereby certify that the necessary provisions
have been made to pay the liability which will
accrue under this contract.
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City Comptroller