HomeMy WebLinkAboutJoel B. Clary, Summit Design LLC AGREEMENT
THIS AGREEMENT, made on the 22nd day of September, 2010, by and between
the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Joel B.
Clary, Summit Design LLC, W6744 Rogersville Road, Fond du Lac, WI 54937, hereinafter
referred to as the CONTRACTOR /CONSULTANT,
WITNESSETH:
That the City and the Contractor /Consultant, for the consideration hereinafter
named, agree as follows: (Note: If anything in the Proposal conflicts with the Request for
Proposals or this document, the provisions in the Request for Proposals and this document
shall govern.)
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:
(Joel B. Clary, P.E. MBA CGD)
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, Genera! Services Director)
ARTICLE III. SCOPE OF WORK
The Contractor /Consultant shall provide the services described in the City's Request
for Proposals and Proposal of the Contractor /Consultant. The Contractor /Consultant
proposal is attached as Exhibit A, and is incorporated into this agreement to the extent it
does not conflict with the City's Request for Proposals, or this agreement.
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
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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.
ARTICLE V. TIME OF COMPLETION
All work to be performed under this contract shall be completed on or before November 15,
2010 unless the parties in writing agree to extend this date.
ARTICLE III. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of $3,500,
adjusted by any changes as provided in the General Conditions, or any changes hereafter
mutually agreed upon in writing by the parties hereto.
B. 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.
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.
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.
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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
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By: 2
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(Seal of Contractor (Specify Title)
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By:
(Specify Title)
CITY OF OSHKOSH
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k i ark A. Rohloff, Cit_ y Manager
(Witness) t
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(Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necess-
' ary provisions have been made to
pay the liability which will accrue
(AIWA W ir )VAA- under this contract.
ity Attorne
Wee
City Compt fler
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CITY OF OSHKOSH
INSURANCE REQUIREMENTS
PROFESSIONAL SERVICES LIABILITY INSURANCE REQUIREMENTS
It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary
coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers,
council members, agents, employees or authorized volunteers will not contribute to a loss. All
insurance shall be in full force prior to commencing work and remain in force until the entire job is
completed and the length of time that is specified, if any, in the contract or listed below whichever is
longer.
1. PROFESSIONAL LIABILITY
A. Limits
(1) $1,000,000 each claim
(2) $1,000,000 annual aggregate
B. Must continue coverage for 2 years after final acceptance for service /job
2. GENERAL LIABILITY COVERAGE
A. Commercial General Liability
(1) $1,000,000 each occurrence limit
(2) $1,000,000 personal liability and advertising injury
(3) $2,000,000 general aggregate
(4) $2,000,000 products — completed operations aggregate
B. Claims made form of coverage is not acceptable.
C. Insurance must include:
(1) Premises and Operations Liability
(2) Contractual Liability
(3) Personal Injury
(4) Explosion, collapse and underground coverage
(5) Products /Completed Operations
(6) The general aggregate must apply separately to this proiect /location
3. BUSINESS AUTOMOBILE COVERAGE
A. $500,000 combined single limit for Bodily Injury and Property Damage each accident
B. Must cover liability for Symbol #1 - "Any Auto" — including Owned, Non -Owned and
Hired Automobile Liability.
4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY — If required by Wisconsin
State Statute or any Workers Compensation Statutes of a different state.
A. Must carry coverage for Statutory Workers Compensation and an Employers Liability
limit of:
(1) $100,000 Each Accident
(2) $500,000 Disease Policy Limit
(3) $100,000 Disease — Each Employee
5. ADDITIONAL PROVISIONS
A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M.
Best rating of no less than A- and a Financial Size Category of no less than Class VI,
and who are authorized as an admitted insurance company in the state of Wisconsin.
B. Additional Insured Requirements — The following must be named as additional
insureds on the General Liability and Business Automobile Liability coverage arising
out of project work... "City of Oshkosh, and its officers, council members, agents,
employees and authorized volunteers. This does not apply to Professional
Liability, Workers Compensation and Employers Liability ".
C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to
commencement of the work to City Clerk — City of Oshkosh. These certificates shall
contain a provision that coverage afforded under the policies will not be canceled or
non renewed until at least 30 days' prior written notice has been given to the City Clerk
— City of Oshkosh.
09127/2010 MON 15 :22 FAX 2002/002
" CERTIFICATE OF LIABILITY INSURANCE OPID DT DATE(MM/DaA'YYY)
SU MMI -1 09/27/10
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Bob Schuchardt Ins . Agency Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
442 S . Hickory Street HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 508 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fond du Lac WI 54936 - 0508
Phone:920- 922 -7480 Fax:920- 921 -7422 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: Auto Owners 18988
INSURER B: _
Summit Design LLC INSURER 0:
T^ ~~
Joel B Clary dba
W6744 Rogersville Road INSURER D:
Food du Lac WI 54937
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 IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIM SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADM. POLICY NUMBER POL1C'YErretti0e Fioffm EXPIRATION ��. LIMITS
INSRC TYPE OF INSURANCE DATE,(MM /DD/YYYY) DATE (MMIDDIYYYY)
GENERAL LIABILITY EACH OCCURRENCE $1000000
L AMM* 1 O HkN k U
A X X COMMERCIAL GENERAL LIABILITY PENDING NEW POLICY 09/22/10 09/22/11 PREMISES (Ea o Erna,) 5300000
CLAIMS MADE n OCCUR MEDEXP (Any ono Krum) $10000
PERSONAL SADVINJURY $ 1000000
GENERAL AGGREGATE $ 2000000
GEN'LAGGREGATE LIMIT APPLIES PER; PRODUCTS - COMP /OPAOG $ 2000000
7 POLICY I} SECT LOC
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT 51000000
X ANY AUTO (Ea accident)
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per parson)
•
A X HIRED AUTOS PENDING NEW POLICY 09/22/10 09/22/11 BODILY INJURY
A X NON-OWNED AUTOS PENDING NEW POLICY 09/22/10 09/22/11
(Per accident)
....,..._..._..__— PROPERTY DAMAGE 3
(Por occident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT 5
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGO $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S
OCCUR CLAIMS MADE AGGREGATE 3
3
DEDUCTIBLE 5
RETENTION 5 3
WORKERS COMPENSATION I WC STATU- I 10TH-
AND EMPLOYERS' LIABILITY ,,/ N TORY LIMITS j __ ER
^ __ ,_. _
ANY PRQPRIETOR/PARTNER/EXECUTIVEn E.L, EACH ACCIDENT 3
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) EL DISEASE - EA EMPLOYEE 5
If yea, deeaDe under
SPECIAL PROVISIONS batow EL DISEASE • POLICY LIMIT 5
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED DY ENDORSEMENT / SPECIAL PROVISIONS
Policy includes Explosion, Collapse, and underground coverage. Includes
contractural liability and personal injury coverage. City of Oshkosh, and
its officers, council members, agents, employees, and authorized volunteers
as additional insureds under the general liability and auto liability.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
CITYOSH DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION 0' ; BILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
C3.ty of Oshkosh
AUTHORIZED 215 Church Ave AUTHORIZED EPRE SENTATIV
Oshkosh WI 54901 Robert J. Schuc 4111 110110
•
ACORD 25 (2009101) ®1988 -2009 ACORD CORPORATIO . All hts reserved.
The ACORD name and logo are registered marks of ACORD
EVIDENCE OF INSURANCE - MECHANICAL ENGINEERS PROFESSIONAL LIABILITY
INSURANCE
POLICYHOLDER - ISSUED TO THE POLICY NO. NAC 1195
AMERICAN SOCIETY OF MECHANICAL ENGINEERS
EVIDENCE NO, 3000683
ITEM 1: NAMED INSURED: EFFECTED WITH
Summit Design, LLC UNDERWRITERS AT LLOYD S OF
LONDON
(NOT INCORPORATED)
ITEM 2: MAILING ADDRESS OF NAMED INSURED: LLOYD S ILLINOIS. INC.
W6744 Rogersville Road 181 WEST MADISON STREET
Fond du Lac WI 54937 SUITE 3870
CHICAGO, IL 60602 -4541
ITEM 3: COVERAGE PERIOD: BOTH DAYS AT 12:01 A.M.
LOCAL STANDARD TIME AT
INCEPTION: 02/01/2010 EXPIRATION: 02/01/2011 THE MEMBERS MAILING
ADDRESS
ITEM 4: NAMED INSURED S PROFESSIONAL SERVICES: MECHANICAL ENGINEERING
ITEM 5: RETROACTIVE DATE: 02/01/2009
ITEM 6: LIMIT OF LIABILITY:
A) LIMIT IN ALL (INCLUDING COSTS, $ 1,000,000
CHARGES AND EXPENSES) IN RESPECT
OF EACH CLAIM
B) LIMIT IN THE AGGREGATE (INCLUDING $ 1,000,000
COSTS, CHARGES AND EXPENSES) FOR
EACH ANNUAL PERIOD
ITEM 7: DEDUCTIBLE EACH CLAIM: $ 5,000
ITEM 8: TOTAL PREMIUM: $ 1,415
ITEM 9: ENDORSEMENTS AT COVERAGE PERIOD INCEPTION DATE:
AIF2332(08/09) N.M.A.1256 N.M.A.1477
AIF2332B(12/97)
THIS DOCUMENT (EVIDENCE OF INSURANCE) IS ISSUED AS NOTICE OF INSURANCE FOR INFORMATION ONLY. rr DOES NOT CONSTITUTE A
LEGAL CONTRACT OF INSURANCE_ THE MASTER POLICY AND TILE APPLICATION OF THE INSURED. W ANY, FORM THE ENTIRE CONTRACT.
THLS EVIDENCE WHICH L5 FURNISHED IN ACCORDANCE WITH. AND IN ALL RESPECTS 1S SUBJECT TO, THE TERMS OF THE MASTER POLICY. A
COPY OF WHICH IS ATTACHED HERETO FOR INFORMATION PURPOSES ONLY AND REPLACES ANY OTHER EVIDENCE PREVIOUSLY ISSUED
COVERING THE INSURANCE DESCRIBED HEREIN.
AIF 2332 EVI (08/06)
f QUOTE
summa Qesign
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DATE: 9/1/2010 PROJECT: City Administration Building
Oshkosh, WI
TO: Subject:
Jon Urben Cooling Tower Replacement oversight
Director of General Services With local heating contractors
4th Floor
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54903 -1 130
HVAC Scope of Work for replacing existing cooling tower,
• Perform 1 site visits for initial design meeting to discuss the project with. Owner and document
what is there for completion of Tower Replacement.
• Perform 2 site visits during the installation process
• Work with Focus on Energy to see what if any grants are available for this project.
• Hvac Design laying out the present equipment into AutoCAD,
• Hvac Design laying out potential new equipment into AutoCAD.
• Put together bidding documentation and specifications.
• Establish an equipment schedule including various equipment options.
• Confirm the new Cooling Tower size will work with a future new replacement chiller.
• Prepare and Invitation to bid letter.
• Send out PDF drawings to local hvac contractors that have cooling tower experience.
• Work with `Blue Print Services" using PDFs on file to print out to contractors.
• Receive Bids and make a recommendation to the City on the best option.
• If we replace like with like, no drawing should have to be submitted to the state or city.
• One Final Walk Through to be combined with the end of the project.
Work Not Included
• Tours of site for contractor handled by the city personnel.
• Geothermal Design.
• Plumbing Design
• Electrical Design.
• Design of Sprinkler and Fire Alarm System.
• Fees required for State /Local review of plans and fees required for Permits. Initials:
• •
W6744 Rogersville Road, Fond du Lae, WI 54937
Phone (920) 979 -5452, Fax (920) 924 -9052
City of Oshkosh General Services Department Responsibilities
• Provide copies of architectural construction drawings and specifications.
• Provide all prints, copies, and reproductions required for submittals and bidding.
• Assumes all responsibility for interpretation of the Contract Documents and for construction
observation. and shall waive any claims against Summit Design that may be in any way
connected thereto.
Fees
Construction Documents and Construction Administration:
The fee to provide I-IVAC Documents and Construction Administration Services as defined above is:
HVAC Cooling Tower Project Management $3.000.00
Additional Insurance Required By the City $500.00
Revised Total $3,500.00 ( Three Thousand Dollars Five Hundred and no cents )
If project needs to be submitted to city, cost of time and material will be charged.
Additional Services:
Additional work beyond the scope of this agreement must be approved by City of Oshkosh and will be
billed at an hourly rate not to exceed $90.00 per hour.
Terms:
Billing will be issued monthly or at the completion of project phases as outline here. A bill for 80% of
the fee will be invoiced after the completion of the opening of bids. The 20% balance will be required
at the completion of the job. Payments are due within 30 days of the invoice date or a finance charge of
1% per month of the unpaid balance.
I appreciate the opportunity to quote you on this project.
Respectfully Submitted,
Approved By:
Joel B. Clary P.E. MBA CGD Jon Urban. Director of Gen Services
• •
SUMMIT DESIGN LLC
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