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HomeMy WebLinkAboutSummit Design LLC 2/3/2012 AGREEMENT THIS AGREEMENT, made on the 3rd day of February, 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and SUMMIT DESIGN LLC, w6744 Rogersville Road, Fond du Lac, WI 54937, hereinafter referred to as the CONSULTANT, WITNESSETH: That the City and the Consultant, for the consideration hereinafter named, enter into the following agreement. The 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: (Joel B. Clary P.E. MBA CGD— Summit Design LLC) 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 — Director of General Services) ARTICLE III. SCOPE OF WORK The Consultant shall provide the engineering services described in the Consultant's "Oshkosh Convention Center Chiller Circulation Pump Replacement and City Hall Chiller Pump Replacement" proposal dated 2/1/2012. If anything in the Consultant's proposal conflicts with this agreement, the provisions in this agreement shall govern. 1 The 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 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 commence immediately and work will be completed no later than August 1 , 2012 unless both parties agree to extend the completion date in writing. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Consultant for the performance of the contract the sum of $5,000, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee schedules shall be firm for the duration of this Agreement. B. Method of Payment. The Consultant shall submit itemized monthly statements 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 any additional services are to 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. 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 2 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 V. INSURANCE The Consultant shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified on a separate document. ARTICLE VI. 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. In the Presence of: CONSULTANT By: ,4 � <t (Seal of Consultant (Specify Tit`J f ) STATE OF IYIMIFfith ration.) WINNEBAGO COUNTY )SS CITY OF OSHKOSH ) By. SUBSCRIBED AND O' TO BEFORE ME this_ re da of ' A G' ! , 29/<=2 e u;hfic 3 :an expires: (Specify Title) CITY OF OSHKOSH 4. -- B �?eri-eiv--- Q1,', ' y '� ��G � Mark A. Rohloff, City Manager I'' (Witness) 1 I / P*=!. Ad ` L(i ( UD l e— i iv itness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ,✓ ary provisions have been made to �`— ' / - pay the liability which will accrue 1; under this �: �.� �.� contract. City Attor _ . . ce D Finanirector 4 0 AotA PROPOSAL it ' •.� • • DATE: 2/01/2012 PROJECT: Oshkosh Convention Center Chiller Replacement & City Hall Chiller Pump Replacement, Oshkosh, WI TO: Subject: Mr.Jon Urben Chiller & Circulation Pump Replacement Director of General Services For Existing Two 40 Ton Chillers and 4th Floor City Hall Chiller Pump Replacement. City of Oshkosh 215 Church Avenue Oshkosh, WI 54903-1 130 HVAC Design &Scope of Work For: • Perform one site visit to review project scope with Owner and document and determine present site conditions. • Perform one site visits during the Bidding process for mandatory pre-bid meeting with contractors. • Perform one site visit during the installation process. • Coordinate bidding documentation and specifications. • 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 incentives. • Provide bidding contractors access to PDF drawings and specifications. • Review bids and make a recommendation to the City. • Ensure project comply with local and state codes • Perform a Final Walk Through visit at the completion of 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 Convention Center Chiller Replacement Project Coordination. $3,500.00 (Three Thousand Five Hundred Dollars and no cents) Oshkosh City Hall Chiller Pump Replacement Project Coordination. $1,500.00 (One Thousand Five Hundred Dollars and no cents) Total= $5,000.00 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 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 Page 2 • i"'1 OP ID:GS Ai„CORO" CERTIFICATE OF LIABILITY INSURANCE CATE(MMIDIVYYYY) 01/30/12 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(iesj 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 920-922-7480 NAME: 442 3 Hickory Street Inc 920-921-7422_;NE @■r_ '...._ FAX _. ..tA/C,No): P.O.Box 508 ADDRESS: • Fond du Lac,WI 54935-0508 PRODUCER Robert J.Schuchardt CUSTOMER 10I:SUMMI-1 - INSURER(S)AFFORDING COVERAGE NAIL a INSURED Summit Design LLC INSURER A:Auto Owners 18988 Joel B Clary dba 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. INSR, AODL'SUBR POLICY EFF POUCYESP LTRI TYPE OF INSURANCE INSR'WVD POLICY NUMBER (MM/DD/YYYY) IMMIDDIYYYYI UNITS fI GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A I X■ COMMERCIAL GENERAL LIABILITY X ; 61567072-10 09(22/11 09/22/12 DAMAGE TO RENTED ttt I CLAIMS-MADE X OCCUR i.?rtEMISES fEa occurrence) S 300,000 _.=.J X. i MED EXP(My one Person) -_'-_ .. 10,000 PERSONAL S ADV INJURY S 1,000,000 I . ____ .._--. ---- .--. GENERAL S 2,000,000 GEMLAGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOP AGO 5 2,000,000 POLICY X .ri COT- 1 LOC -S ... ... AUTOMOBILE LIABILITY X COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Ea accident) BOO ILY IUIIRY(W r persen) S ALL VANED AUTOS ... 'SCHEDULED AUTOS I BODILY INJURY(Per aooident) $ .. . PROPERTY DAMAGE ,S A X HIRED AUTOS 61567072-10 09/22/11 09/22/72 (Per accident) A _;)C NON-OWNED AUTOS I 61567072-10 09/22/11 I 09/22/12 _._. .. S •UMBRELLA UAB . _OCCUR EACH OCCURRENCE S EXCESS LIAB, .. .CLAIMS-MADE AGGREGATE :S DEDUCTIBLE ------ '$ RETEN1 ION $ $ WORKERS COMPENSATION WC STATU- . IOTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS. ' ER.. ......_.- ANY PROPRIr.TOR.PARTNERIEXECUTIVE --`] E.L.EACH ACCIDENT $ OFFICERMIEMBER EXCLUDED? J NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S Nye s,dIPTIO J Oder E L.DISEASE-POLICY LIMIT 8 • 'DESCRIPTiO^N OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) .Policy includes Explosion Collapse and underground coverage.Includes .contractural liabilifyand personal injury coverage.City of Oshkosh,and •Its officers,councit[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 POLICIES BE CANCELLED BEFORE CiE of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Ave Oshkosh,WI 54901 AUTHORIZED REPRESENTATIVE Robert J.Schuchardt • ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) 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: 02/01/2012 EXPIRATION: 02/01/2013 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: $ 1,680 ITEM 9: ENDORSEMENTS AT COVERAGE PERIOD INCEPTION DATE: AIF2332(08/09) N.M.A.1256 N.M.A.1477 AIF2657(10/05) AIF2332B(12/97) AIF2332 V(08/10) THIS DOCUMENT(EVIDENCE OF INSURANCE) IS ISSUED AS NOTICE OF INSURANCE FOR INFORMATION ONLY. IT DOES NOT CONSTITUTE A LEGAL CONTRACT OF INSURANCE. THE MASTER POLICY AND THE APPLICATION OF THE INSURED, IF ANY,FORM THE ENTIRE CONTRACT. THIS EVIDENCE WHICH IS FURNISHED IN ACCORDANCE WITH,AND IN ALL RESPECTS IS 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) ekeMARSH Marsh U.S.Consumer a service of Seabury&Smith,Inc. P.O.Box 8146 Des Moines,IA 50306-8146 800-640-7637 Fax:515-365-3043 December 16, 2011 Summit Design, LLC W6744 Rogersville Road Fond du Lac,WI 54937 Dear Insured: Enclosed is your Evidence of Insurance for your coverage under the ASME Engineers' Professional Liability Insurance Program. Important Notices NOTICE OF A CLAIM: If you become aware of a claim or a circumstance that might give rise to a claim in the future, you must report the circumstance in writing as directed by your policy (Conditions Section, Item II. Claims Handling Clause). Include all original correspondence regarding the claim. This should be sent via certified mail or overnight delivery to: Marsh Consumer Engineers' Professional Liability Insurance Department 12421 Meredith Drive Urbandale, IA 50323 Phone: 1-800-640-7637 Fax: 515-365-3043 MID-TERM REQUESTS: All requests for mid-term changes must be received in writing and are subject to underwriting review and approval. ADDRESS CHANGES: Please send written notice of an address change. This will ensure the accuracy of our records and your future receipt of correspondence and notifications. As the Insurance Administrator of the ASME Professional Liability Insurance Program,we appreciate the opportunity to serve your insurance needs. Sincerely, Mike Haley Marsh Consumer ASME Program Administrator Enclosure Marsh&Mclennan Companies Best's Credit Rating Center- Company Information for Underwriters at Lloyd's London (I... 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