HomeMy WebLinkAboutSpecialty Engineering Group, LLC AGREEMENT
THIS AGREEMENT, made on the 22.-lay of March 2011, by and between the CITY
OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and SPECIALTY
ENGINEERING GROUP, LLC, 6214 Putnam Road, Madison, WI 53711, hereinafter
referred to as the 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 Consultant shall assign the following
individual to manage the project described in this contract:
Bruce Flater, SEG
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:
David Vickman, Transit Coordinator
ARTICLE III. SCOPE OF WORK
The Consultant shall provide the services described in the Consultant's Proposal.
The Consultant may provide additional products and/or services if such products /services
are requested in writing by the Authorized Representative of the City.
All reports, drawings, specifications, computer files, field data, notes and other
documents and instruments prepared by the Consultant as instruments of service shall
remain the property of the City.
ARTICLE IV. CITY RESPONSIBLITIES
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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.
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.
ARTICLE V. TIME OF COMPLETION
The work to be performed under this contract shall be commenced and the work
completed within the time limits as mutually agreed upon between the parties at the kickoff
meeting.
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 Consultant's 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, failure of performance by the City, or discovery of
any hazardous substances or differing site conditions. 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.
ARTICLE VI. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of which are as fully a
part of this contract as if herein set out verbatim, or if not attached, as if hereto attached:
1. This Instrument
2. Consultant's Proposal
In the event that any provision in any of the above component parts of this contract
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.
ARTICLE VII. PAYMENT
A. The Contract Sum. The City shall pay to the Consultant for the performance of
the contract the total sum of $1,800.00, adjusted by any changes hereafter mutually
agreed upon in writing by the parties hereto.
B. Method of Payment. The Consultant shall submit itemized monthly statements
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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.
ARTICLE VIII. CONSULTANT TO HOLD CITY HARMLESS
The Consultant 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
Consultant, 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.
ARTICLE IX. INSURANCE
The Consultant agrees to abide by the attached City of Oshkosh Insurance
Requirements.
ARTICLE X. TERMINATION
A. For Cause. If the 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 Consultant. In this event, the 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 Consultant no later than 10 calendar days before the termination date.
If the City terminates under this paragraph, then the 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.
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In the Presence of: CONSULTANT
By.
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(Seal of Consultant (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By: ��� 7o--/ e7
(7/ Mar A. Rohloff, City Manag -r
(With ess)
LL . AL- And: A! r♦� _ 41. kA4P
(WitnIss) Pamela R. Ubrig, City Cler�
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which will
ICAlkA4v)--) accrue under this contract.
City Atto
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Specialty Engineering Group LLC
Fwd, En0e.ape 6 2 1 4 P u t n a m R o a d
It s u l i i n, g M a d i s o n , W I 5 3 7 1 1
E r; a i ■ e e r t n Tel•608- 957 -2393 Fax•608- 273 -3025
March 18, 2011
Mr. David Vickman electronic only - no hard copy to follow
City of Oshkosh - Transportation Division DVickman @ci.oshkosh.wi.us
926 Dempsey Trail
Oshkosh, WI 54902
Re: Proposal for Construction Administration Services
Roof System Replacement Project
Oshkosh Transit Facility
Oshkosh, Wisconsin
Dear Mr. Vickman:
Pursuant to your request, Specialty Engineering Group LLC, hereinafter referred to as SEG, is
pleased to submit the following proposal to the City of Oshkosh - Transportation Division
hereinafter referred to as Owner, for Construction Administration services of the proposed roof
system replacement at the subject location.
SEG proposes the following scope of services:
CONSTRUCTION ADMINISTRATION
• SEG will provide Construction Administration Services for the project commencing at the
receipt of contractor proposals. Construction Administration Services will include:
o Review of contractor's project submittals.
o Recommendations regarding necessary changes to include in the contract.
o Review of the contractor's application for payment.
o Review of requested manufacturer warranties.
• SEG will conduct an on -site Project Pre - Construction Meeting with the Contractor and
Owner to review the project and Owner requirements and conditions.
• A qualified representative of SEG will make periodic (min. 6 visits) Site Visits to observe the
quality and progress of the work and will apprise the Owner of construction activities and
issues that may arise.
• SEG will prepare a Punch List of deficient or outstanding items at substantial completion.
• SEG will assemble a project closeout package for the Owner.
COMPENSATION
Professional Fees
Compensation for professional services, described above and pursuant to the attached SEG
General Conditions (SEG -GC) shall be on a lump sum fee basis.
• Construction Administration services will be provided for the lump sum fee of One Thousand
Eight Hundred Dollars ($1,800.00). It will be invoiced upon project completion.
Reimbursable Expenses
Reimbursable expenses are in addition to fees for professional services and represent SEG's out -
of- pocket expenses made in the interest of the project not included in the base fee per the
attached General Conditions. Reimbursable expenses will be invoiced at cost; SEG anticipates
no reimburseable expenses on this project.
AUTHORIZATION
If this proposal meets with your understanding of the project requirements and is agreeable to you,
kindly indicate your acceptance by signing and returning it with along with a purchase order, if
applicable) to SEG and keep one original for your file. Upon receipt of an executed proposal or
purchase order, SEG will proceed with scheduling the work.
Should you have any questions regarding this proposal, please do not hesitate to call. We
appreciate this opportunity to serve you and look forward to working with you on this project.
A C C EP T E D
Yours truly, City of Oshkosh - Transportation Division
Specialty Engineering Group, LLC Oshkosh, Wisconsin
By:
Title:
John Hoenick
Account Manager Date:
cc: Mr. Bruce Flater
Attachment: SEG General Conditions
City of Oshkosh - Transportation Division March 18, 201 1
Specialty Engineering Group, LLC Page 2 of 2
Proposal #4423
GENERAL CONDITIONS TO THE CONTRACT
1. PARTIES AND SCOPE OF WORK: Specialty Engineering Group, LLC (herein after referred to
as SEG) shall include said company, and its subcontractors performing the work. "Work"
means the specific SEG services as set forth in the proposal. Unless otherwise stated in
writing, the Client assumes sole responsibility for determining whether the quantity and the
nature of the work ordered by the Client is adequate and sufficient for the Client's
intended purpose. The authorization of the work by the Client shall constitute acceptance
of the terms of the proposal and these General Conditions.
2. TESTING: Any necessary testing of existing or newly installed materials shall be done outside
of the accepted proposal terms and the costs of these tests will be born by the Client.
3. SCHEDULING OF WORK: The services set forth in the proposal will be accomplished in a
timely, workmanlike and professional manner by SEG personnel as per the prices quoted.
4. ACCESS TO SITE: Client will arrange and provide such access to the sites as is necessary for
SEG to perform the work.
5. RESPONSIBILITY: SEG's work shall not include determining, supervising or implementing the
means, methods, techniques, sequences or procedures of construction. SEG shall not be
responsible for evaluating, reporting or affecting job conditions concerning health, safety
or welfare. SEG's work or failure to perform same shall not In any way excuse any
contractor, subcontractor or supplier from performance of its work in accordance with the
contract documents.
6. SERVICES: SEG's services will be performed and documents prepared in accordance with
its proposal, Client's acceptance thereof, these General Conditions, and with generally
accepted principles and practices in performing its professional services. SEG will use that
degree of care and skill ordinarily exercised under similar circumstances by members of its
professions. Statements made in SEG's reports are opinions based upon professional
judgment and are not to be construed as representations of fact.
7. PROVISIONS SEVERABLE: In the event any of the provisions of these general conditions
should be found to be unenforceable it shall be stricken and the remaining provisions shall
be enforceable.
8. SEG shall have no responsibility for the presence, discovery, removal or exposure of persons
to hazardous materials of any kind, including asbestos or other toxic substances.
GENERAL CONDITIONS
Specialty Engineering Group LLC
Client#: 15361 STRPARTNE
ATE (MM /DD/YYYY)
ACORDr. CERTIFICATE OF LIABILITY INSURANCE D 3/15/2011
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:
Euclid Insurance Services, Inc PHONE 630 694 -3700 FAX (A/C, No, Ext): (A/C, No):
234 Spring Lake Drive E-MAIL
ADDRESS:
Itasca, IL 60143 PRODUCER
CUSTOMER ID #:
630 694 -3700 INSURER(S) AFFORDING COVERAGE NAIC #
INSURED INSURER A: Valley Forge Insurance Company 20508
Specialty Engineering Group, LLC INSURER B: Continental Insurance Company 35289
350 W Ontario St Ste 200 INSURER C: Continental Casualty Company 20443
Chicago, IL 60654 INSURER D : American Casualty Co- Reading PA 20427
INSURERE: Argonaut Insurance Company 19801
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.
LTR R TYPE OF INSURANCE • NSR UBR POLICY NUMBER (MM1DD EFF MM!DD EXP LIMITS
LTSR D
A GENERAL LIABILITY Y Y 1075621326 08/17/2010 08/17/2011 EACH OCCURRENCE $1,000,000
DAMAGE TO RENTED
X COMMERCIAL GENERAL LIABILITY ' PREMISES (Ea occurrence) $300,000
CLAIMS -MADE X OCCUR MED EXP (Any one person) $10,000
X Additional Insured - PERSONAL & ADV INJURY $1,000,000
Primary /Non - Contr. GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000
7 POLICY X WI : LOC $
B AUTOMOBILE LIABILITY Y N 2091440753 08/17/2010 08/17/2011 COMBINED SINGLE LIMIT $
(Ea accident) 1,000,000
ANY AUTO BODILY INJURY (Per person) $
ALL OWNED AUTOS
BODILY INJURY (Per accident) $
SCHEDULED AUTOS , PROPERTY DAMAGE
X HIRED AUTOS
(Per accident) $
X NON -OWNED AUTOS , $
$
C X UMBRELLA LIAB X OCCUR Y N 2078533539 08/17/2010 08/17/2011 EACH OCCURRENCE $5,000,000
EXCESS LIAB CLAIMS -MADE AGGREGATE $5,000,000
DEDUCTIBLE $
RETENTION $ $
D WORKERS COMPENSATION Y WC175621343 08/17/2010 08/17/2011 X TO STATU- OTH-
AND EMPLOYERS' LIABILITY TORY I IMITS FR
ANY PROPRIETOR/PARTNER/EXECUTIVE NIA E.L. EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000
E Architects /Engrs. IAE1107201 09/16/2010 09/16/2011' $2,000,000 each claim 1
Prof. Liability annual aggregate
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
Professional Liability is written on a 'claims made' policy form.
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
City of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Attn: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS.
215 Church Ave
PO Box 1130 AUTHORIZED REPRESENTATIVE
Oshkosh, WI 54903 -1130
3w, a.
m 1988 -2009 ACORD CORPORATION. All rights reserved.
ACORD 25 (2009/09) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S348752/M313331 LJC
DESCRIPTIONS (Continued from Page 1)
The following coverages apply provided that the named insured has agreed to provide these coverages because
of a written contract or agreement:
Blanket Additional Insured and Waiver of Subrogation coverage for General Liability via form SB- 146968 -A.
Blanket Additional Insured coverage for Auto Liability via form CA 00 01 03 06.
Blanket Additional Insured coverage for Umbrella Liability via form G- 15057 -C.
Blanket Waiver of Subrogation coverage for Workers Compensation via form WC 00 03 13.
Blanket Additional Insured coverage, on a primary and non - contributory basis, is provided to the City of
Oshkosh, and it's officers, council members, agents, employees and authorized volunteers with respect to
General Liability provided that the named insured has agreed to provide this coverage because of a written
contract or agreement via the provisions of SB- 146968 -A.
Additional Insured coverage is provided to the above named additional insureds on a primary basis with
respect to Auto Liability via the provisions of ISO Business Auto Coverage form CA 00 01 03 06.
AMS 25.3 (2009/09) 2 of 2
#S348752/M313331