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HomeMy WebLinkAboutPerformance Elevator AGREEMENT THIS AGREEMENT, made on the 29` day of June, 2010, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Paul S. Rosenberg, Performance Elevator Consulting, LLC, PO Box464, Mequon, WI 53092 -0464, hereinafter referred to as the CONTRACTOR/CONSULTANT, WITNESSETH: That the City and the Contractor /Consultant, for the consideration hereinafter named, agree as follows: 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: • (Paul S. Rosenberg, 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 I1. 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 the City's Request for Proposals and Proposal of the Contractor /Consultant. 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. 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. 1 • 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 August 31, 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 $3,785, 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 A harmless against all actions, claims and demands 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 withi -- -' = _ - _ _ = _ _ - /�r�"t%rt0 ARTICLE V. INSURANCE , xry (AV - PAY'S �� - nut Por :: T,�/E CITY'S cr/44716 Pt -AMMO Fox /AV&LeMGtC.o74 o/C ker , The Contractor /Consultant agrees to abide by the attached City of Oshkosh Insurance /96 »p 2 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 .. By: 1des, .4�., (Seal of Contractor (cify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: �- A � � ,L �� A. Rohloff, Ci Manag =r _ And: `' (Witness) Pamela R. Ubrig, City Clerk 3 APP ' OVED: h I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue e t A 1/i e ftAil f . Aid under this contract. Atto �'� ' Comptroller 4 { / - Poet Moo Boa 164 Pe rtormance Mequon. YYE 63682.0484 V0641,46 282 - 242.3077 affltacknalallea& Mobilo No: 262. 653.1054 0-rook Perlom/BovConetwl.R.00m CONSULTING SERVICES PROPOSAL AND ACCEPTANCE Performance Elevator Consuking, LLC. (Consultant) proposes to pertain elevator Consukhg Services, as detailed, for CYent of City of Oshkosh Location, City Center Parking Ramp 215 Church Avenue 2 N. Main St., Oshkosh P.O. Box 1130 Oshkosh, WI 54903 -1130 Dover Hydraulic Passenger Elevator State Reg. No. 19159 Proposal No.1 Provide elevator consulting services to assist the City of Oshkosh in administrating replacement of the leaking hydraulic cylinder as detailed: • Write a specification detailing the minimum requirements for replacement of the jack assembly for bidding by various elevator contractors. Include applicable requirements for the current ASME A17.1 -2007 elevator safety code and warranty provisions. It is anticipated that the specifcatiaon will require 8-10 pages, in addition to a Bid Form. • Identify miscellaneous work to be completed by the Owner. • Since the nature of elevator cylinder replacement involves unknown underground soil conditions and clearances, every attempt will be taken to identify possible additional costs. Bidders will be asked to provide pricing for several alternatives, which may be authorized or credited, depending on site conditions once work has begun. • Request clarification of bid items from elevator contractors as directed by Client • Evaluate bids and provide a recommendation for award to an elevator contractor. • Review elevator contractor submittals: shop drawings, product data, etc. • Provide recommendations for Owner's pre - construction meeting to finalize critical scheduling and coordination of other work. • Monitor critical scheduling and coordination of work. • Observe work progress for conformance with contract requirements as requested by Owner's representative. • Attend progress meeting, only were requested by Owner's representative. • Examine existing cylinder sections upon removal for visible signs of leakage after removal of factory tape coat by others. • Determine substantial and final completion for Owner. • Provide site visit and audit after completion to ensure compliance with the specification. If possible, Consultant will participate in the State Inspection and certification of the alterations, and proceed with the audit immediately afterwards. • • Provide punch list of non - compliant items. • Review documentation for the transportation and disposal of soil. • Review warranty and closeout documentation /submittals. City Center Parking Ramp June 22, 2010 Page 2 Pricing for Consulting Services as detailed on a firm price basis: Price for elevator consulting services including 3 round trips travel $3.785.00 (1 for survey -1 progress visit -1 inspection/audit) Reimbursables None anticipated Hourly Rates for additional services or meetings specifically requested by Owner $135.00 Travel and expenses, per authorized round trip in excess of 3 trios detailed above .. $225.00 This agreement when signed by Client and by Performance Elevator Consulting, LLC., including the terms and conditions set forth on the back which are incorporated herein and expressly made a part hereof, shall constitute exclusively the contract between the parties, and all prior representations or agreements not incorporated herein are superseded. Signed and A+oc opted by Client Client Performance Elevator Consulting, LLC. Signature By bald oae der4 Paul S. Rosenberg Name/Titie President Date Date June 22.2010 • 1 � ei ' City Center Parking Ramp / I / y� P e 22,2010 f Page l �t.` . -17) /54 A L/ 4 V • Terms and Conditions Client fepresents that they have legal authority to execute this Proposal. This Proposal is submitted for acceptance within sixty (60) days from the date executed by us and thereafter subject to withdrawal or change without notice. Consultant warrants that It has the experience and ability to perform the Consulting Services, as F2 -t -c 't); contemplated by this Proposal, and that it wiU perform the Consulting Services in a professional and competent manner, and makes no other representations and warranties, whether expressed or implied. • You agree to provide access to the equipment and to provide pertinent information. inspection reports, and maintenance records requested to carry out the assessment review. 6/2/64,, ° 1 -Iro It is stipulated that Consultant is an independent contractor and shall not be treated as an employee of Client for State and Federal tax or for any other purpose. Client agrees to pay Performance Elevator Consulting, LLC. consulting fees upon receipt of progress invoices. if timely payment is not made within 30 days, Consultant shall be entitled to a service charge of 1.5% per month on all past due amounts, plus all costs of collection, including reasonable attomey's fees. • OP ID VL DATE (MM /DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE PERFO-1 06/28/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LiFonti Insurance Services Ltd HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10 E. 22nd Street, Suite 115 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lombard IL 60148 Phone: 630- 268 -8200 Fax: 630- 268 -8222 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: StarNet Insurance Company INSURER B: Society Insurance CO Performance Elevator Consul - Ting LLC c/o Paul Rosenberg INSURER C. Executive Risk Indemnity InsCo PO Box 464 INSURER D: Mequon WI 53092 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR ADD'L P OLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRC TYPE OF INSURANCE DATE (MM /DD/YY) DATE (MM /DD/YY) GENERAL LIABILITY 1 EACH OCCURRENCE $1,000,000 UAMACit I U HtN I tU A X X COMMERCIAL GENERAL LIABILITY JMS 0000012 -05 07/03/10 07/03/11 PREMISES (Ea occurence) $100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $5,000 PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $3,000,000 POLICY X PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) A X HIRED AUTOS JMS 0000012-05 07/03/10 07/03/11 BODILY INJURY $ X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WC STAI U- WORKERS COMPENSATION AND X TORY LIMITS E ER TORR EMPLOYERS' LIABILITY B WP 441639 -2010 07/03/10 07/03/11 E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1 , 000 , 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 OTHER C Professional Liab 8171 - 8003 -2010 07/03/10 07/03/11 Per Claim 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Additional Insured General Liability only if required by Written Contract: City Of Oshkosh and its officers, council members, agents, employees, and authorized voulenteers Project Location: City Center Parking Ramp, 2 N. Main Street, Oshkosh, WI CERTIFICATE HOLDER CANCELLATION OSHKOS1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Oshkosh DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn: Jon Urben NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 215 Church Ave IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO Box 1130 Oshkosh WI 54903 -1130 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Anthony F LiFonti ACORD 25 (2001108) o ACORD CORP RATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANCE OPID VL DATE (MM /DD/YYYY) PERFO -1 06/28/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LiFonti Insurance Services Ltd HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10 E . 22nd Street, Suite 115 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Lombard IL 60148 Phone: 630- 268 -8200 Fax: 630- 268 -8222 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: StarNet Insurance Company INSURER B: Society Insurance Co Performanc Elevator Consul - Ting LLC c/o Paul Rosenberg INSURER C: Executive Risk Indemnity InsCo PO Box 464 INSURER D: Mequon WI 53092 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 LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS}( ADD'L POLICY NUMBER DATE EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRC TYPE OF INSURANCE (MM /DD/YY) DATE (MM /DD/YY) GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X X COMMERCIAL GENERAL LIABILITY JMS 0000012 -04 07/03/09 07/03/10 PREMISES (Ea occuence) $ 100,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5 , 000 PERSONAL & ADV INJURY $ 1 , 000 , 000 GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG S3,000,000 7 POLICY X PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A X HIRED AUTOS JMS 0000012-04 07/03/09 07/03/10 BODILY INJURY X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ WC WORKERS COMPENSATION AND X OR S O H- TORY LI1 I MITS S ER B EMPLOYERS' LIABILITY WP 441639 -2009 07/03/09 07/03/10 E.L. EACH ACCIDENT $1,000,000 ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1 , 000 , 000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1 , 000 , 000 OTHER C Professional Liab 8171 -8003 07/03/09 07/03/10 Per Claim 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Additional Insured General Liability only if required by Written Contract: City Of Oshkosh and its officers, council members, agents, employees, and authorized voulenteers Project Location: City Center Parking Ramp, 2 N. Main Street, Oshkosh, WI CERTIFICATE HOLDER CANCELLATION OSHKOSI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City Of Oshkosh DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Attn: Jon Urben NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 215 Church Ave IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR PO Box 1130 Oshkosh WI 54903 -1130 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Anthony F LiFonti ACORD 25 (2001108) ©ACORD CORPORATION 1988