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HomeMy WebLinkAboutKUENY ARCHITECTS LLC AGREEMENT iti THIS AGREEMENT, made on the _-' day of `r-L 't- , 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and KUENY ARCHITECTS, L.L.C., 10505 Corporate Drive, Suite 100, Pleasant Prairie, Wisconsin 53158, party of the second part, 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 (Scope: Item 3 — Design Development Phase; Item 4 — Construction Documents Phase; Item 5 — Permits, Approvals, and Funding Administration; Item 6 — Bidding and Negotiation Phase; Item 7 — Construction Phase-Project Consultation Services; Item 8 — Project Close-Out; and Item 9 — Post Construction) and the City of Oshkosh's Request for Qualifications for Design/Planning Services for the Public Works Field Operations Facility are attached hereto and reflects the agreement of the parties except where they conflict with this Agreement, in which case this Agreement shall prevail. ARTICLE 1. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this Agreement: Jon P. Wallenkamp —Associate 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 Agreement: David C. Patek, P.E. — Director of Public Works 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. H:tracytDTracys Flies%Streets-Sanitation-Central GaragelFeld Operations FacilitylKueny Arch Des&Coast Mgrnt Sery Agreement 5-4-12.does Page 1 of 4 ARTICLE IV. CITY RESPONSIBILITIES 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 Agreement shall be commenced and the work completed within the time limits as agreed upon in the CITY's Request for Qualifications. 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 AGREEMENT This Agreement consists of the following component parts, all of which are as fully a part of this Agreement as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. City of Oshkosh Request for Qualifications for Design/Planning Services for the Public Works Field Operations Facility 3. Consultant's Proposal In the event that any provision in any of the above component parts of this Agreement 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. H:llracyllTraoys Flles\Slreets-Sanitation-Central Garage\Field Operations Facilily\Kueny Arch Des&Const Mgmt Sery Agreernent_5-4-12.docs Page 2 of 4 ARTICLE VII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the Agreement the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Lump Sum Not to Exceed $598,700 (Five Hundred Ninety-Eight Thousand Seven Hundred Dollars). • Attached 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 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. CONTRACTOR 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 Agreement 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 a reasonable amount of time from the date of the CITY's written demand for indemnification or refund. ARTICLE IV. 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. ft tracyI Tract's Faes\StreetsSanitation-Central OaragelField Operations Facility1Kueny Arch Des Si Const Mgmt Sery Agreement_5-4-12.docx Page 3 of 4 B. For Convenience. The CITY may terminate this Agreement 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: CONSULigi By: Ix1tY , kc'14 TL.:.7 (Seal of Consultant Specify Title if a Corporation.) By: (Specify Title) CITY OF OSHKOSH .' 6/14 By: at.(c Hess) t 1 _ • A. Rohloff, City Mana•er And: � �fi -uA itness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which L.._' which will accrue under this Agreement. i y Attorney- City Co pt o'er H:\tracyt\Tracy's Files\Streets-Sanitation-Central Garage%Field Operations Fadlity\Kueny Arch Des 8 Const Mgmt Sery Agreement_5-4-12.docx Page 4 of 4 A�°® CERTIFICATE OF LIABILITY INSURANCE DATE BD 2Y") 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 1-800-527-9049 CONTACT Holmes Murphy & Assoc - WI NAME: PHONE FAX (A/C.No.Est): (A/C,No): 10 E. Doty Street, Suite 800 E-MAIL ADDRESS: Madison, WI 53703 INSURER(S)AFFORDING COVERAGE NAIC# Paula Dixon INSURER A: XL Specialty Insurance Company (000779) 37885 INSURED INSURER B: Kueny Architects, LLC Attn: Linda Young INSURERC: 10505 Corporate Drive, Ste. 100 INSURERD: Pleasant Prairie, WI 53158 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 27228324 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 ADDL SUBR' POLICY EFF POLICY EXP LTR. TYPE OF INSURANCE INSR WVD POLICY NUMBER IMMIDD/YYW) (MM/DD/YYW) LIMITS GENERAL LIABILITY 1 EACH OCCURRENCE I$ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ _ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ --� GENERAL AGGREGATE _ $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ -1 POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) J ANY AUTO BODILY INJURY(Per person) $ ALL OWNED 'AUTOS SCHEDULED AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A '.. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability DPS9691326 06/19/11 06/19/13 Each Claim 1,000,000 Claims Made Aggregate 2,000,000 - i DESCRIPTION OF OPERATIONS/LOCATIONS I 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 City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Dave Patek 215 Church Avenue AUTHORIZED REPRESENTATIVE Oshkosh, WI 54903-1130 USA `(.i, ..-;jq 7 -.' ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD mwa1lmanwi 27228324 OP ID: LL A`...°RO CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/22/12 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(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 262-657-3193 CONTACT David Insurance Agency NAME: 3917 47th Ave 262-636-1866 PHONE FAX Kenosha,WI 53144 (AD,No, FAX I (A/C,No): E-MAIL Daniel G Antonneau ADDRESS: PRODUCER KUENY-1 CUSTOMER ID#: INSURED Kueny Architects, LLC INSURER(S)AFFORDING COVERAGE NAIC If 10505 Corporate Dr., Ste 100 INSURER A:West Bend Mutual Ins. Co. 15350 Pleasant Prairie,WI 53158 INSURER B: INSURER C: 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 ADDL SUBR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/D)YYYY) (MM DD/YYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE I$ 1,000,000 A X I COMMERCIAL GENERAL LIABILITY BOW1206971 09/01/11 09/01/12 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 200,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ $,000,000 PRO- POLICY PRO_ JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A ANY AUTO CPW1206980 09/01/11 09/01/12 (Ea accident) ALL OWNED AUTOS BODILY INJURY(Per person) $ SCHEDULED AUTOS BODILY INJURY(Per accident) $ PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-OWNED AUTOS $ UMBRELLA LIAB 1 X I OCCUR $ EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE A CUW1206972 09/01/11 09/01/12 AGGREGATE $ 2,000,000 DEDUCTIBLE — X RETENTION $ Waived $ WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY X TORY L MTITS °R - AND ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N VUW1206973 . 09/01/11 09/01/12 OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ 100,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ 100,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION CITYOSH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Dave Patek ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue Oshkosh,WI 54903-1130 AUTHORIZED REPRESENTATIVE Daniel G Antonneau 1 ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD CITY OF OSHKOSH PUBLIC WORKS FIELD OPERATION FACILITY (9-7-11) Fee Schedule Jon Wallenkamp—Project Manager $165.00 Roger Thompson—Programmer $165.00 John Schmidbauer—Engineer $165.00 Jeff Schoenborn—Programmer/Drafter $115.00 Rod Gutierrez—Intern Architect/Drafter $115.00 Bill Bragg- Intern Engineer/Drafter $115.00 Linda Young—Program Assistant $61.00 Reimbursable expenses will be billed at one times the actual amount.