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HomeMy WebLinkAboutMcKinstry Essention, Inc AGREEMENT THIS AGREEMENT, made on the 15th day of February 2010, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and McKinstry Essention, Inc, 2310 Crossroads Drive, Suite 5200, Madison, WI 53718, hereinafter referred to as the CONTRACTOR/CONSULTANT, WITNESSETH: That the City and the Contractor /Consultant, for the consideration hereinafter named, enter into the following agreement. The contractor /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 Contractor /Consultant shall assign the following individual to manage the project described in this contract: (Matt DeMeuse, Project Director) 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: (Jon Urben, General Services Director) ARTICLE III. SCOPE OF WORK The Contractor /Consultant shall provide the services described in its proposal attached hereto and incorporated herein by reference. The Contractor /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 Contractor /Consultant's request, such information as is needed by the Contractor /Consultant to aid in the progress of the project, providing it is reasonably obtainable from City records. To prevent any unreasonable delay in the Contractor's /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. 1 ARTICLE V. TIME OF COMPLETION All work to be performed under this contract shall be completed by December 31, 2010 unless both parties in writing agree to extend this date. ARTICLE III. PAYMENT The compensation described in this agreement is the total amount that the City of Oshkosh will be responsible for this project. Payments will be made to McKinstry Co., LLC for work related to this project. A. Facility Improvement Measures Refinement Phase The City shall pay to the Contractor /Consultant for the performance of the contract the total lump sum not to exceed sum of $12,250.00 for services described in its proposal attached hereto for the "Facility Improvement Measures Refinement Phase," adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto. B. Procurement, Administration and Implementation Phase The City shall pay to the Contractor /Consultant for the performance of the contract the total lump sum not to exceed sum of $25,400.00 for services described in its proposal attached hereto for the "Procurement, Administration and Implementation Phase," adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon in writing by the parties hereto. Contractor /Consultant performance and payment for services described in this paragraph are contingent upon city receiving EECBG grant funding. In the event this grant is not awarded, the city shall have no obligation to make any payments to Contractor /Consultant related to this phase. C. Reimbursable Expenses The City shall reimburse Contractor /Consultant for project related reimbursable expenses limited to printing, document and plan reproduction and postage. Project expenses must be pre- approved by the city to the extent Contractor /Consultant is reasonably able to provide advance notice of the need for such expenses. D. Method of Payment. The Contractor /Consultant shall submit itemized monthly statements for services. The City shall pay the Contractor /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 Contractor /Consultant a statement as to the reason(s) for withholding payment. E. 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. CONTRACTOR TO HOLD CITY HARMLESS The Contractor 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 Contractor, 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. 2 ARTICLE V. INSURANCE The Contractor /Consultant agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE VI. TERMINATION A. For Cause. If the Contractor /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 Contractor /Consultant. In this event, the Contractor /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 Contractor /Consultant no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Contractor /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: CONTRACTOR /CONSULTANT 41x' trlk 6— -- - BC-4y: J s hS"( 1 iCc :LvJ 61 r- a 4%(..jc..�iz cc (Seal of Contractor McKinstry Esention, Inc (Specify Name/Title) if a Corporation.) CITY OF OSHKOSH 4 i 1 $ • / By: ,Al/'',="74-‘-ii---- / it 'l/ Mark A. ohloff, City Manager Om it l ess) 1 /A /A_ .. :if And or .i _ 4 ( 1 1 ( � ifitness) Pamela R. Ubrig, City C erk A' OVED: r) 1 hereby certify that the necess- ary provisions have been made to pay the liability which will accrue �j�� 1462 ; under this contract. 4 ' (yAtto rn -W ;: /4q v City Comp ro er 3 Mc ins For Th Ito Of Your Baildiag February 5, 2010 Mr. Jon Urben, Director of General Services City of Oshkosh 215 Church Avenue, P.O. Box 1130 Oshkosh, WI 54903 Re: EECBG Strategy Development and Implementation Dear Mr. Urben: Per your request, McKinstry is pleased to provide you with this letter of understanding and proposal to provide continued facility analysis, project development and implementation related services for the City of Oshkosh. Work will include continued project scope development and completion of our detailed facility audits, project bundling and phasing strategies and analysis, and refinement of our current budget estimates for each proposed improvement measure. In addition, and upon development of the overall project scope and schedule, our team will work on behalf of the City thru all phases of the implementation process, and provide owner's representation services throughout the bid & award, evaluation and selection of trade contractors, contract administration, and construction coordination phases of the project. We are excited about this project opportunity and stand ready to work together to further develop, refine and implement fiscally responsible and operationally efficient improvement projects on behalf of the City of Oshkosh. We propose to provide project - related services based on the following understanding of the next phases of effort: BACKGROUND: The City of Oshkosh, WI has identified the need to further analyze and implement strategies to improve the efficiency and overall operation within a number of its existing facilities. Members of the City's administrative and facilities staff have recently partnered with McKinstry to develop the initial framework of a number of potential facility improvement measures. Based on this preliminary analysis, the City of Oshkosh has deemed it prudent to proceed with implementation of approximately $635,000 of the identified improvements. Subsequently, it seeks a partner to assist with the further development and implementation of these work scopes. City of Oshkosh -1- February 5, 2010 PROPOSED SCOPE OF SERVICES: In an effort to best assist the City of Oshkosh, we propose to provide the following services: Facility Improvement Measures Refmement Phase: - Complete detailed analyses of all associated facilities - Articulate and further define all work scopes working with city staff - Refine work scope budget estimates and overall project budgets - Develop implementation timelines and associated strategies Procurement, Administration, and Implementation Phase: - Develop all bid packages and associated documentation - Develop procurement bundles and work scope solicitations - Solicit competitive trade contractors / vendors - Conduct post -bid analyses and interviews - Provide recommendations for award of all work scope packages - Prepare and assist with execution of all construction contracts - Provide all on -going contract administration - Provide contractor coordination and oversight - Prepare, collect, and submit all associated close -out documentation - Prepare, collect and submit to city all final data, analysis, results and documentation for all FIM projects. PROPOSED METHOD OF COMPENSATION: Compensation for the above referenced services is proposed as follows: Facility Improvement Measures Refmement Phase: All services provided in conjunction with the refinement of the facilities improvement measures are proposed to be completed on a lump -sum fee basis of $12,250.00 plus project- related reimbursable expenses limited to printing, document and plan reproduction and postage. (This proposed lump sum fee has been estimated at approximately 2 cents per square foot). Procurement, Administration, and Implementation Phase: The compensation for all services to be provided as outlined above for the procurement, administration and implementation phase of the project is proposed on a lump sum not - to- exceed basis with a total fee not to exceed $25,400.00 plus project- related reimbursable expenses limited to printing, document and plan reproduction and postage. City of Oshkosh -2- February 5, 2010 Our total compensation for this portion of work will be based on the ultimate scope of services that our team provides on behalf of the City. Those services relate directly to the project scopes, project schedules, project duration and project personnel needed for the proj ect. Any project - related reimbursable expenses (limited to printing, document and plan reproduction and postage) will be billed at direct cost in addition to the fee described above. Any construction phase general requirement items (i.e. dumpsters, temporary barricades, cleaning, etc.) that are coordinated by our team at the direction of the City will be budgeted as a portion of the construction cost, and submitted as direct reimbursable costs. Reimbursable costs not to exceed $1,000. PROJECT SCHEDULE: Please see attached. ACCEPTANCE: If this proposal is acceptable, please authorize us to proceed by signing a copy of this document and returning it to our office. We will proceed with our scope of work upon receipt of your signed proposal. Thank you for the opportunity to provide you with this proposal. We look forward to working with you on this project. If you should have any questions or require any additional information please feel free to contact me at your earliest convenience. Sincerely, McKinstry Tom Laufenberg ACCEPTED FOR City of Oshkosh, WI ff BY ( ° rete/ DATE 4 (2` /0 City of Oshkosh -3- February 5, 2010 ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID DATE WJDD o PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Hub International Northwest HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P . 0. Box 3 018 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Bothell WA 98041 -3018 Phone:425- 489 -4500 Fax:425- 489 -4501 INSURERS AFFORDING COVERAGE MAC # INSURED INSURER A: auricb American Insurance Co. 16535 INSURER 8: National Voice. sir. ran 01 Pk 19445 McXinstry E aeration, Inc. INSURER C: PO Box 24567 INSURER D: Seattle WA 98124 -0567 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO AU. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. BIER PAUL POLICY EFFECTIVE POLICY EXPIRATION UMT9 LTR IISRC TYPE OF INSURANCE POLICY NUMBER DATE (�/J ICO1VY) DATE (M UDD YY GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A X X COMMERCIAL GENERAL LIABILITY GLA- 3999903 01/31/10 01/31/11 PREMISES ( Ea � occu r ence) $ 300,000 CLAIMS MADE I X I OCCUR MED EXP (Any one per$ol) $ 10 , 0 0 0 PERSONAL 8 ADV INJURY $ 2,000,000 X WA Stop Gap GENERAL AGGREGATE $ 4,000,000 GEWL AGGREGATE LIMIT APPLIES PER PRODUCTS • COMRVP AGG $ 4,000,000 POLICY n floc AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT COMBINED $ 1, 000, 000 A X X ANY AUTO GLA- 3999903 01/31/10 01/31/11 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY • EA ACCIDENT S ANY A OTH9i THAN EA ACC S AUTO ONLY: AGG $ EXCESSIUM BRELLA LIABILITY EACH OCCURRENCE s 2,000,000 B X X I occuR _I aims P4ADE 8767140 01/31/10 01/31/11 AGGREGATE s 2,000,000 DEDUCTIBLE $ X RETENTION $ $ WORKERS COMPENSATION AND X ( TORY LIMITS I I O ER EMPLOYE A WC3999907 10/01/09 10 /01/10 El. EACH ACCIDENT $ 1000000 ANY PROPRSYORMARTNERIEXECUTNE OFFICERIMBM BER EXCLUDED? N/A TO ADD INSURED E.3.. asCASE - EA EMPLOYEE $ 1000000 Iyes, describe under SPEC IAL PROV below EL. DISEASE - POLICY LIMB s 10 0 0 0 0 0 OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS CITY OF OSHKOSH, AND ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS ARE ADDED AS ADDITIONAL INSUREDS. CERTIFICATE HOLDER CANCELLATION CI OSHXO SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN CITY OF OSHKOSH NOTICE TO THE CERTIFICATE HOLDER NAME) TO THE LEFT, BUT FAILURE TO DO 30 SHALL ATT: CITY CLERIC IMPOSE NO OBLIGATION OR LIABIJTY OF ANY KIND UPON THE INSURER, rr3 AGENTS OR PO BOX 1130 OSHKOSH WI 54903 REPRESENTATIVES. ALRREDI)EPRESENT tt "'' ACORD 25 (2001108) ® ACORD CORPORATION 1988