Loading...
HomeMy WebLinkAboutSummit Design, LLC/Chiller Replacement AGREEMENT THIS AGREEMENT, made on the 3/ day of May, 2011, 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, 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. 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 1 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 December 31, 2011 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 total sum of $6,000 for Oshkosh City Hall Chiller Replacement and Oshkosh Safety Building Condenser Replacement Projects, 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. 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 ,L,L ,e,„ f� — i / By: t ✓� `' S � /10, E � i cz (Seal of Contractor (Spec* Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: M rk A. Rohloff, City Manager Witness) 3 Ot ( 1--; , A nd: 1 _. 1 )L c_ �..� _! .i,'_ ,,,\- f (Witne s) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ' ary provisions have been made to I pay the liability which will accrue 1 41 f • 1 I - .4 under this contract. • ty Attorn NIP �/ F s 1 City Cop roller 4 111Q QUOTE •1 • DATE: 4/18/201 1 PROJECT: City Administration Buildings Oshkosh, WI TO: Subject: Mr. Jon Urben City Hall Chiller Replacement and Director of General Services Oshkosh Police Department Lower 4th Floor Level Condenser Replacement City of Oshkosh 215 Church Avenue Oshkosh, WI 54903-1130 HVAC Design & Scope of Work For: • Perform one site visit for each project to review project scope with Owner and document and determine present site conditions. • Perform one site visits for each project during the Bidding process for mandatory pre-bid meeting with contractors. • Perform one site visit during the installation process for each project. • Coordinate bidding documentation and specifications for each project. • Establish equipment schedules and alternates for bidding. • Verify new equipment compatibility with exiting equipment on site to be reused. • Work with Focus On Energy representative to explore energy efficiency grants/rebates. • Provide bidding contractors access to PDF drawings and specifications. • Review bids and make a recommendation to the City. • Ensure projects comply with local and state codes • Perform a Final Walk Through visit at the completion of each project. Work Not Included • Plumbing Design • Electrical Design. • Design of Sprinkler and Fire Alarm System. • Fees required for State/Local review of plans and fees required for Permits. 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. Initials: • • W6744 Rogersville Road, Fond du Lac, WI 54937 Phone (920) 979 -5452, Fax (920) 924 -9052 Fees Construction Documents and Construction Administration: The fee to provide HVAC Documents and Construction Administration Services as defined above is: ( Oshkosh City Hall Chiller Replacement Project Coordination. $3,500.00 ( Three Thousand Five Hundred Dollars and no cents ) Oshkosh PD Condenser Replacement Project Coordination. $2,500.00 ( Two Thousand Five Hundred Dollars and no cents ) 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 $95.00 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 fmance charge of 1% per month of the unpaid balance. I appreciate the opportunity to quote you on this project. Respectfully Submitted, Approved By: ��t Joel B. Clary P.E. MBA CGD Jon Urban, Director of Gen. Services • • SUMMIT DESIGN LLC Page 2 AC'C)R[7 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/ YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh U.S. Consumer PHONE a service of Seabury & Smith, Inc. (A/C, No): EMAIL FAX P.O. BOX 8146 ADDRESS: (A /C, No): Des Moines, IA 50306 -8146 PRODUCER CUSTOMER ID: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A: Certain Underwriters at Lloyd's of London 1122000 Summit Design, LLC INSURER B: W6744 Rogersville Road INSURER C: Fond du Lac, WI 54937 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS TYPE OF INSURANCE AD01 suaR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LETR INSR WvD (MM/DD/YYYY) (MM /OD /YYYY) GENERAL LIABILITY EACH OCCURRENCE $ ❑ COMMERICAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) Li ❑ CLAIMS -MADE ❑ OCCUR MED EXP (Any one person) $ ❑ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS •COMP /OP AGG $ ❑ POLICY ❑ PROJECT ❑ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Each Occurrence) ❑ ANY AUTO BODILY INJURY $ ❑ ALL OWNED AUTOS (Per person) BODILY INJURY ❑ SCHEDULED AUTOS (Per accident) PROPERTY DAMAGE ❑ HIRED AUTOS (Per accident) ❑ NON -OWNED AUTOS $ ❑ UMBRELLA LIAB ❑ OCCUR EACH OCCURRENCE $ ❑ EXCESS LIAB ❑ CLAIMS -MADE AGGREGATE $ ❑ DEDUCTIBLE $ ❑ RETENTION $ $ WORKERS COMPENSATION Y/N WC STATU- OTH- AND EMPLOYERS' LIABILITY ❑ ❑ TORY LIMITS ❑ ER ANY PROPRIETOR/PARTNER /EXECUTIVE N/A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ It yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ OTHER LIMITS: PER CLAIM $1,000,000 A PROFESSIONAL LIABILITY INSURANCE 3000683 02/01/2011 02/01/2012 RETRO DATE: 02/01/2009 AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Summit Design, LLC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN W6744 Rogersville Road ACCORDANCE WITH THE POLICY PROVISIONS. Fond du Lac, WI 54937 AUTHORIZED REPRESENTATIVE 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of Acord '..,, OP ID: RS '°,`°, R °- CERTIFICATE OF LIABIL INSURANCE 1 °" 04„ ; THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Iss) must be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER 920 922 - 7480 CONTACT Bob Schuchardt Ins. Agency Inc 920 421 -7422 mom 0. E,dl I we Nor. 442 S. Hickory Street P.Q. Box 508 P1°c8ER SUMMI -1 Fond du Lac, WI 54936 -0508 • cusTOMERID Robert _I Srhucherrit INSURERS) AFFORDING COVERAGE NAic B INSURED Summit Design LLC *SURER A : Auto Owners 18988 Joel B Clary dba NBURER B : W6744 Rogersville Road NSURER C : Fond du Lac, WI 54937 INSURER D : USURER E : _ NSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 POUCIES. UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .QTR TYPE OF INSURANCE wy s rryp POLICY NUMBER IM YT (MM D YI umrni GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X CO0J. 6RCIAL GENERAL UAa Lm X 61567072 -10 09/22/10 09/22/11 PREMISES lEa ocourrloN $ 300,000 1 CLAIMS-MADE © OCCUR MED EXP (My one paracn) $ 10,000 PERSONAL 8 ADV *WRY $ 1,000,000 — GENERAL AGGREGATE 8 2,000,000 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS • COMP/OP AGO i 2,000,000 7 POLICY [TO 7, n LOC _ AUTOMOBILE Limsury X COMBINED SINGLE OMIT : 1.000,000 — (Ea maiden!) ANY AUTO BODILY INJURY (Par Person) S ALL OVNNED AUTOS — BODILY INJURY (Per =NM) $ _ SCHEDULED AUTOS PROPERTY DAMAGE A X HIRED AUTOS 61567072 -10 09/22/10 09/22111 (Pr.aaderd) $ A X NON-OWNED AUTOS 61567072 -10 09/22110 09/22111 s 8 UMBRELLA UM OCCUR EACH OCCURRENCE $ — EXCESS LAB ~ CLAMS -MODE AGGREGATE . DEDUCTIBLE s — RETENTION 8 t WORI(ERs COMPENSATION 1 TORY L TMN S I i ER AND EMPLOYERS' UMBUTY ANY PROPRIETOIDPARTNEREXECUTIVE YD N 1A E.L. EACH ACCIDENT $ OFFICERAIEMBER EXCLUDED'? (MsMaaory in NH) E.L. DISEASE • EA EMPLOYEE s I d.scrb. und.r DESCRIPTION OF OPERATIONS below E.L. DISEASE • POLICY LIMIT , $ DESCRIPTION OP OPERATIONS 1 LOCATIONS! VEHICLES (Alach ACORD 101, Addltlonal Ru.arW Schedidg, V tars space Is requlrd) Policy includes Explosion, Collapse, and underground coverage. Includes contractual 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 CITYOSH • SHOULD ANY OF THE ABOVE DESCRIBED POUCES BE CANCELLED BEFORE THE ■ • DATE ' OF, NOTICE WILL BE DELIVERED IN City of Oshkosh PROVISIONS. 215 Church Ave i Oshkosh, WI 54901 Au4-iiiiiik R. , I m 1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD ON THE WATER Insurance Requirements for the City of Oshkosh January 14, 2011 City of Oshkosh Insurance Requirements INTRODUCTION It is important that the City of Oshkosh is adequately protected from Toss due to the negligence of others (contractors, suppliers, vendors, etc.) who are working for, with, or on behalf of the City of Oshkosh. To help achieve this goal, the City of Oshkosh requires that other parties carry a certain level of insurance that will protect, defend and indemnify the City from losses arising out of their activities or from their products. The following standards have been established to help provide direction and consistency for City of Oshkosh Departments. Until the appropriate certificate of insurance verifying the required coverage is obtained, the City of Oshkosh will NOT be issuing a license, permit or entering into a contract. Insurance requirements for jobs or activities such as asbestos abatement, pollution clean up, oil recycling, hazardous waste removal, or any new contract or activity where it is not clear what level of insurance should be required will be determined by the City Attorney and the Safety & Risk Management Coordinator. The City Attorney and /or the Safety & Risk Management Coordinator are responsible for the review of all certificates of insurance to determine if they meet the insurance requirements. There may be times when an organization or contractor can not meet the insurance requirements. Any significant variance from the standards must be authorized by the City Attorney and /or the Safety &Risk Management Coordinator. 1/14/11 CITY OF OSHKOSH INSURANCE REQUIREMENTS IV. PROFESSIONAL SERVICES LIABILITY INSURANCE REQUIREMENTS The Contractor shall not commence work on subcontract until proof of insurance required of the Subcontractor has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. 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 Toss. 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 must be carried for 2 years after acceptance of completed work (6) The general aggregate must apply separately to this proiect/location 3. BUSINESS AUTOMOBILE COVERAGE A. $1,000,000 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. IV- 1 1/14/11 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. On the Commercial General Liability Policy, the additional insured coverage must include Products — Completed Operations equivalent to ISO form CG 20 37 for a minimum of 2 years after acceptance of the work. 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 the applicable City department. 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. IV -2