HomeMy WebLinkAboutPostville Blacksmith Shop & Oshkosh ORIGINAL
PROFESSIONAL SERVICES AGREEMENT.
ARCHITECTURAL METALWORI. OSHKOSH PUBLIC MUSEUM
THIS AGREEMENT, made on the 13TH day of July, 2016, by and between the CITY OF
OSHKOSH,party of the first part,hereinafter referred to as CITY,and POSTVILLE BLACKSMITH
SHOP, N8126 POSTVILLE ROAD, BLANCHARDVILLE, WI 53516,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:
(Terry J. Suther, Vice-President)
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:
(Brad Larson, Oshkosh Public Museum Director)
ARTICLE III. SCOPE OF WORK
The Consultant shall provide the services described in the Consultant's proposal attached as
Exhibit A in response to the"City of Oshkosh's Request for Proposals for Architectural Metalwork
Oshkosh Public Museum" dated June 21,2016. If anything in the Consultant's proposal conflicts
with this agreement, the provisions in this agreement 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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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 June 1,2017,unless both parties agree to extend the completion date in
writing.
ARTICLE 111. PAYMENT
A. The Contract Sum.
The City shall pay to the Consultant for the performance of the contract the sum of$26,500.00,
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 reason(s) 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 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.
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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 as the City of
Oshkosh's Professional Services Insurance Requirements as a separate document. The consultant's
certificate of insurance for this project is attached as Exhibit B.
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.
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In the Presence of: CONSULTANT
V r _
(Seal of Consultant (Specify Title)
if a Corporation,)
By:
(Specify Title)
CITY OF OSHKOSH
By: �/� ,.._
Mark A. Rohloff, City Manager
( itnes
And:
Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary provisions have been made
to pay the liability which will accrue under this contract.
4ifAttorne Finance Director
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"N�UH-30-2816 1 e : f z nm n w i
REQUEST FOR PROPOSALS
ARCHITECTURAL METALWORK
OSHKOSH PUBLIC MUSEUM
COST PROPOSAL FORM
From: SG{ C o (bidder's company name)
PROPOSAL DEADLINE; Thursday,June 30, 2016 at 10;00 a.m.
Addenda: Recelpt of Addenda numbered �Wof are hereby understood,
acknowledged and Included In bidder's proposal form. If no addenda were issued for this project
please write"N/A"above.
We, the undersigned, propose to furnish all labor and materials per the project specifications or
noted deviations for the following not to exceed amount;
Architectural Metalwork Proposal
' O L4s41 liHd"J
Proposal Cost In wards
Date, Ib Name of Company: ,9 4i Le-
Submitted
by: (name/title) cite,
Email- 5' 11'l+ C
Address of Company. .1 Phone: 4 D t q1
That I have examined and carefully prepared this Proposal from the RFP solicitation and have
checked the same In detail before submitting this Proposal; that T have full authority to make
such statements and submit this Proposal in (its) (their) behalf, and that said statements are true
and correct,
St n�ate� Title
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