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HomeMy WebLinkAboutFGM Architects Fire Dept Training Facility Pre-Design Study 2019 rw ' ORIGINAL City „ , 35(09 of Oshkosh PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made on the 10t day of JULY, 2019 by and between the CITY OF OSHKOSH, WISCONSIN, hereinafter referred to as CITY, and FGM ARCHITECTS, 219 NORTH MILWAUKEE STREET, SUITE 325,MILWAUKEE,WI 53202,hereinafter referred to as the CONSULTANT. WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following Agreement. COMPONENT PARTS OF THE AGREEMENT This Agreement consists of the following component parts, all of which are as fully a part of this Agreement as if herein set out verbatim,or if not attached, as if hereto attached: 1. This Instrument 2. Consultant's Professional Services Proposal and Cost Proposal dated July 3, 2019, and attached hereto. In the event that any provision in any of the above component parts of this Agreement conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. CITY REPRESENTATIVE The CITY shall assign the following individual to manage this Agreement: (JON URBEN, GENERAL SERVICES MANAGER) SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's attached Professional Services Proposal. CITY may make or approve changes within the general Scope of Services contained within the Professional Services Proposal and in this AGREEMENT.If such changes affect CONSULTANT's cost or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1 1 30 http://www.ci.oshkosh.wi.us • RECORDS AND INSTRUMENTS OF SERVICE All reports, drawings, software, data, computer files, and other materials, documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. Any document related to this agreement, whether in electronic or paper form,is considered a public record and shall be provided to the City upon request. The CONSULTANT may provide the City with an explanation of why they believe any document should not be released to the public. The City shall make all final determinations regarding the existence or release of any document related to this agreement. TERM AND TERMINATION A. Term. This Agreement shall commence upon the date indicated above and shall terminate on December 31, 2019, unless terminated earlier by one of the parties as provided below,except that CITY may extend this Agreement,upon written notice to CONSULTANT. B. Termination. 1. For Cause. If either party shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the other party shall have the right to terminate this Agreement by written notice. In this event,the CONSULTANT shall be entitled to compensation to the date of delivery of the Notice. 2.For Convenience. The CITY may terminate this Agreement at any time by giving written notice to the CONSULTANT no later than 30 calendar days before the termination date. TIME OF COMPLETION The CONSULTANT shall perform the services under this Agreement with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees that the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANTs control. For the purposes of this Agreement,such causes include,but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, or failure of performance by the CITY. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. SUSPENSION,DELAY,OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the Services of CONSULTANT for the convenience of CITY. In such event,CONSULTANT's contract price and schedule shall be equitably adjusted. ASSIGNMENT CONSULTANT shall not have the right to assign this Agreement without the written prior consent of the City. INDEPENDENT CONSULTANT CONSULTANT is an independent CONSULTANT and is not an employee of the CITY. COOPERATION IN LITIGATION AND AUDITS CONSULTANT shall fully and completely cooperate with the City, the City's insurer, the City's attorneys,the City's Auditors or other representative of the City(collectively,the"City"for purposes of this Article) in connection with (a) any internal or governmental investigation or administrative, regulatory, arbitral or judicial proceeding (collectively "Litigation") or internal or governmental Audit, with respect to matters relating to this Agreement; other than a third party proceeding in which CONSULTANT is a named party and CONSULTANT and the City have not entered into a mutually acceptable joint defense agreement. Such cooperation may include,but shall not be limited to,responding to requests for documents and/or other records, and making CONSULTANT's employees available to the City (or their respective insurers, attorneys or auditors) upon reasonable notice for: (i) interviews, factual investigations, and providing declarations or affidavits that provide truthful information in connection with any Litigation or Audit; (ii) appearing at the request of the City to give testimony without requiring service of a subpoena or other legal process; (iii) volunteering to the City all pertinent information related to any Litigation or Audit; and (iv)providing information and legal representations to auditors in a form and within a timeframe requested. City shall reimburse CONSULTANT for reasonable direct expenses incurred in connection with providing documents and records required under this paragraph and may require, at the City's sole discretion,such expenses to be documented by receipts or other appropriate documentation. Reasonable direct expenses include costs, such as copying, postage and similar costs; but do not include wages, salaries, benefits and other employee compensation. CONSULTANT shall not be entitled to additional compensation for employee services provided under this paragraph. STANDARD OF CARE The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence normally employed by professional CONSULTANTs or consultants performing the same or similar Services at the time said services are performed. CONSULTANT will re-perform any services not meeting this standard without additional compensation. CITY RESPONSIBILITIES 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. CONSULTANT may reasonably rely upon the accuracy,timeliness,and completeness of the information provided by CITY. 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. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the Agreement the not-to-exceed amount of$16,950.00 as outlined in the Consultant's Cost Proposal attached 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. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, its agents or assigns, its employees, or its SUBCONSULTANTs related to the performance of this Agreement 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 C1'1'Y 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 for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec.893.80 and any similar statute,of the Wisconsin Statutes,the City further agrees to hold CONSULTANT harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CITY, its agents or assigns, its employees, or its SUBCONSULTANTs related to the performance of this Agreement or be caused or result from any violation of any law or administrative regulation,where such liability is founded upon or grows out of the acts or omission of any of the officers,employees or agents of the City of Oshkosh while acting within the scope of their employment. It is the intention of the parties to this Agreement that each party shall be solely responsible for its own actions and activities and the actions and activities of its own officers,employees and agents while acting within the scope of their employment INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements for Professional Services. WHOLE AGREEMENT/AMENDMENT 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. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. AGREEMENT NOT TO BE CONSTRUED AGAINST ANY PARTY This Agreement is the product of negotiation between the parties hereto and no term, covenant or provision herein or the failure to include a term, covenant or provision shall be construed against any party hereto solely on the basis that one party or the other drafted this Agreement or any term,covenant or condition contained herein. NO WAIVER Failure of either party to insist upon the strict performance of terms and provisions of this agreement,or any of them, shall not constitute or be construed as a waiver or relinquishment of that party's right to thereafter enforce such term or provision,and that term of the provisions shall continue in full force and effect. NON-DISCRIMINATION The Operator agrees not to discriminate in its operations under this Agreement on the basis of race,color, creed, age, and gender, or as otherwise prohibited by law. A breach of this covenant may be regarded as a material breach of this Agreement SEVERABILITY If any term, covenant, condition or provision of this agreement shall be invalid or enforceable, the remainder of this agreement shall not be affected thereby the remainder of the agreement shall be valid and enforceable to the fullest extent permitted by law. CHOICE OF LAW AND VENUE The laws of the State of Wisconsin shall govern the interpretation and construction of this Agreement. Winnebago County shall be the venue for all disputes arising under this Agreement. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin,has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and CONSULTANT hereunto set its hand and seal the day and year first above written. In the Presence of: CONSULTANT N e of Compan /Firm ref RA tc itr By: I.dicL.1f tr LCeNtr (Seal of CONSULTANT (Specify Title) ad2- \WL0- if a Corporation.) ,t)pp,r; CITY OF OSHKOSH By: ark A. Rohloff, City Manager fitness) - And: �Mitness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under X•of,/- this contract omey City Comptroller FGM ARCHITECTS Proposal for Architectural Services for City of Oshkosh Fire Department Training Facility Pre-Design Study Oshkosh, Wisconsin Submitted to: City of Oshkosh Mr. Mark Rohloff City Manager 215 Church Avenue, Room 405 Oshkosh, Wisconsin 54903 By: FGM ARCHITECTS INC. 219 North Milwaukee Street,Suite 325 Milwaukee, WI 53202 July 3, 2019 219 earth Milwaukee 2tr or Wisconsin 53202 414.3.6.7282 PHONE tgmarchitects.cam FGM ARCHITECTS 1.0 SCOPE OF PROJECT The City of Oshkosh would like an Architectural Firm, specializing in architectural programming and design of municipal fire stations, to prepare a program, project budget and project schedule for the new Fire Department Training Facility to be located in the former National Guard Armory Building. The building and lot are located at 221 N Sawyer St., Oshkosh, WI. As part of the pre-design programming, the City will be provided a concept analysis for the relocation of existing City departments' storage to an off-site location. The goal of the project is to provide the City with an informational foundation which will be used to move forward with the full design and construction of the new Fire Department Training Facility. The City of Oshkosh is hereinafter referred to as the Owner. 2.0 SCOPE OF ARCHITECT'S SERVICES FGM Architects Inc., hereinafter referred to as FGM or Architect, shall provide the following Consulting Services for the Project: 2.1 Pre-Design Study FGM is to prepare a needs assessment report for the Police Department which will include the following: 2.1.1 Provide programming, project budget, and project timeline/schedule. 2.1.2 Outside consultants are not included as part of this phase. 2.1.3 Project documentation and implementation (Design Development, Construction Documents, Construction Administration) will be covered under a future Project. 3.0 ARCHITECT'S COMPENSATION The City of Oshkosh shall compensate FGM Architects for consulting services rendered in connection with the Project under this Proposal as follows: 3.1 For all Consulting Services as described in Section 2.0 above,we propose the following Lump Sum Fee including Reimbursable Expenses as defined within this Proposal (Local travel (travel less than 100 miles), phone, fax, and printing of review sets for design review shall not be charged as a Reimbursable Expense): Fire Department Training Facility Pre-Design Study $16,950.00 3.2 For any Additional Services authorized in writing by the Owner beyond the scope of this Proposal, FGM shall be compensated on the basis of the hourly rates described in the attached Hourly Rate Schedule for the professional and technical employees engaged on the Project plus Reimbursable Expenses. FGM ARCHITECTS 3.3 The compensation above includes all reimbursable expenses. 3.4 Payments 3.4.1 Payments shall be made by the Owner to FGM upon receipt of FGM's invoice in accordance with the State of Wisconsin Prompt Payment Statute. 3.4.2 Non-payment of invoices shall constitute grounds for discontinuing service. 4.0 Additional Requirements 4.1 It is assumed that the existing conditions plan will be the 8.5xl 1 plan provided by the City will be used for the pre-design project.The architect will review field conditions against this plan. A full field verification of the as-built conditions of the plan are not included in this project,and will be addressed as part of a future Project Authorization. 4.2 Architect will assist the City in coordination and review of soil boring /geotechnical proposals for design considerations in the existing parking lot.This consultant would be contracted direct with the City. FGM ARCHITECTS 5.0 Form of Agreement 5.1 For this project, your signature on the bottom of this proposal will serve as our contractual agreement. If this proposal is acceptable to you, please sign the bottom of this letter,which will authorize FGM to proceed with the work. We look forward to this opportunity to again be of service to the City of Oshkosh. Sincerely, FGM ARCHITECTS INC. tf11.0.:12kr Brian Wright, AIA, LEED AP Andrew M yo, AIA Principal-in-Charge Project Manager Proposal Accepted By: City of Oshkosh Representative Title Date FGM ARCHITECTS HOURLY RATE SCHEDULE Effective November 1, 2018* Where the fee arrangements are to be on an hourly basis, the rates shall be those that prevail at the time services are rendered. Current rates are as follows: Principal $250.00 Arch IV $195.00 Arch III 150.00 Arch II 120.00 Arch I 90.00 Intern 65.00 Interior Designer IV $185.00 Interior Designer III 145.00 Interior Designer II 120.00 Interior Designer I 85.00 Landscape Architect $160.00 Project Administrator III $1 10.00 Project Administrator II 85.00 Project Administrator I 75.00 *Rates are subject to adjustment each November 1st. r • City of Oshkosh July 10, 2019 Brian Wright,Principal, Principal-in-Charge&Project Manager FGM Architects 219 North Milwaukee Street, Suite 325 Milwaukee,WI 53202 Dear Brian: The City of Oshkosh is pleased to accept your proposal from FGM Architects for professional services to conduct a training facility assessment for our Fire Department. Enclosed are the contracts for this project. The contract is for a not-to-exceed amount of$16,950.00. I would ask you review the contract;sign both copies where indicated and mail the hard copies back to me: City of Oshkosh Attn: Jon G.Urben, General Services P.O.Box 1130 Oshkosh,WI 54903-1130 We require a certificate of insurance from your firm. Attached are our insurance requirements for professional services agreements. Please send me an updated certificate meeting these requirements. We are excited to begin this project. When you can,let's coordinate the specifics so I can begin scheduling dates and times with Fire Chief Mike Stanley. Any other questions please let me know. Sincerely, Jon G.Urben, CPPO,FMP General Services Manager City of Oshkosh jurben@ci.oshkosh.wi.us (920) 236-5100 cc Mark Rohloff, City Manager John Fitzpatrick,Assistant City Manager/Director of Administrative Services Mike Stanley, Fire Chief City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us