CC - Agendas - City Council - REGULAR - 7/23/2013

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CITYoF,PRESCOTT Ev ,./!r4</J�4�u wti- Neild �/ Professional Services Agreement Amendment 1 City Contract No. 2013-159 Al Otwell Associates Architects WHEREAS, the City of Prescott(hereinafter referred to as"City") is in need of certain services; and WHEREAS, Otwell Associates Architects (hereinafter referred to as "Professional"), has expertise in Construction Administration NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREIN CONTAINED, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each party to the other, it is hereby agreed as follows: 1. That Professional shall provide the services to the City in relation to Construction Administration for the Phase One tenant improvements of the Fire Administration building renovation as indicated in Exhibit "A" (Scope of Work, Task and Fee Estimate, and Project Schedule) and as requested by the City of Prescott Field and Facilities Services Director. 2. In addition to those services identified in Paragraph 1 above, the Professional shall also perform all subordinate tasks not specifically referenced in Paragraph 1, but necessary to the full and effective performance of the tasks specifically referenced. NodiF 3. The Professional shall provide sufficient qualified personnel to perform any and all services as required herein including, but not limited to, inspections and preparation of reports, as reasonably requested by representatives of the City. 4. All services identified in Paragraphs 1 and 2 above shall be completed to the satisfaction of the City and shall be performed in compliance with the Professional's project schedule identified in the attached Exhibit "A". 5. The term of this Agreement shall be July 24, 2013 to June 30, 2014. 6. Notwithstanding the foregoing, this Agreement may be terminated by both parties upon ten (10) days written notice, with or without cause or upon completion of services. If this Agreement is terminated, the Professional shall be paid for authorized services satisfactorily performed to the date of the Professional's receipt of such termination notice. 7. It is agreed by and between the parties that this Agreement incorporates the attached Exhibit "A" thereto as a part of this Agreement, and that the terms thereof shall be binding between the parties. 8. Pursuant to A.R.S. Section 38-511, the City of Prescott may cancel this Agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of the City is, at any time while the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party to the Agreement in any capacity or a Professional to any other party of the Agreement with respect to the subject matter of the Agreement. In the foregoing event, the City of Prescott further elects to recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the City of Prescott from any other party to the Agreement arising as a result of this Agreement.