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HomeMy WebLinkAboutSpecialty Engineering Group 7/20/2012 AGREEMENT THIS AGREEMENT, made on the 20th day of July, 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and SPECIALITY ENGINEERING GROUP LLC, 6214 Putnam Road, Madison, WI 53711 , 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, excluding the general conditions to the contract, 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, Project Manager) 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 Bureau Manager) ARTICLE III. SCOPE OF WORK The Consultant shall provide the engineering services described in the Consultant's "Proposal for Roof Design Services- 2012 Roof Replacement Project" proposal dated 6/20/2012. 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 December 31 , 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 $11,400, 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. All reimbursable expenses must be approved in advance by the City. 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 2 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 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 - , _ -e ms 4 / / ' % 9 I (Seal of Consultant (Specify if a Corporation.) By: i X . I Speck Title Specialty Engineering Group N89 W16785 Appleton Ave. Suite 201 Menomonee Falls,WI 53051 CITY OF OSHKOSH y By: l�2 " 4<0.4i,i j -; /(z<"l Mark A. 4ohloff, City Manager (W'it Tess-) ---- C Ad: II.* 4 l 7 `I/ (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to p ay the liability which will accrue 1., �t'Ar) / a under this contract. City Attorney PLe44# gize_r4w Finan a 1'rector 4 VFW SPECIALTY ENGINEERING GROUP LLC 6214 PUTNAM ROAD sim 41=1 MADISON,WI 53711 T 608.957,2393 F 608.273.3025 www.str-seg.com June 20, 2012 Mr.Jon Urben electronic only—no hard copy to follow Director of General Services jurben( ci.oshkosh.wi.us City of Oshkosh 215 Church Street PO Box 1130 Oshkosh,WI 54903-1130 Re: Proposal for Roof Design Services 2012 Roof Replacement Project • City Hall Heating Plant,215 Church Avenue(Roof Areas 1-4) • Zoo Maintenance Building,595 Pratt Trail(Roof Areas 1-2) • Parks&Forestry Building,805 Witzel Avenue(Roof Area 3) Dear Mr. Urben: Pursuant to your request,Specialty Engineering Group LLC(STR-SEG)is pleased to submit the following proposal to the City of Oshkosh, herein after referred to as Owner,for the roof system replacement at the listed facilities in Oshkosh,Wisconsin. This proposal includes project design development,preparation of construction documents,and construction administration. SEG proposes the following scope of services: DESIGN DEVELOPMENT • STR-SEG will review the Owner's requirements and related information including, but not limited to, schedule, budget, service life expectations, warranties, history, building usage, contractor preferences,and contractor insurance requirements. • STR-SEG will conduct a pre-design survey of the subject roof and wall areas to evaluate existing conditions. Based on the survey,STR-SEG will make recommendations on the scope of work required along with options and opinions of probable cost. • STR-SEG will meet with the Owner for a final review to discuss the recommendations and opinion of probable cost as they relate to the Owner's objectives prior to the start of design. CONSTRUCTION DOCUMENTS and BIDDING • STR-SEG will prepare a Specification Package from the data obtained during the pre-design survey. The specifications will outline the components included in the design.The package will include a site plan, paving sections and details along with information on other related components that may be part of the design. It will be prepared to promote competitive bidding by qualified contractors. • STR-SEG will assist the Owner in preparing the advertisement from which to solicit bids. • If required, a Pre-bid Meeting will be held at the job site. SEG will attend the Pre-bid Meeting to answer bidder questions and make clarifications for equivalent competitive bids. • STR-SEG will assist in the analysis of the bids. Imosinmann Client#: 15361 STRPARTNE ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 6/228/208/2012 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 Ins.Agencies,A&E {aHC°,Ne,Ext):630 694-3700 FAX,No): 630 773-4075 A USI Company EMAIL ADDRESS: 234 Spring Lake Dr _INSURER(S)AFFORDING COVERAGE _ NAIC It Itasca, IL 60143 INSURER A:Valley Forge Insurance Company 20508 INSURED INSURER e:Continental Casualty Company 20443 Specialty Engineering Group,LLC INSURER C:American Casualty Co-Reading PA 20427 350 W Ontario St Ste 200 INSURER D:Argonaut Insurance Company 19801 Chicago, IL 60654 — 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER JMMIDD/YYYYUMM/DD/YYYYL LIMITS A GENERAL LIABILITY Y Y 1075621326 08/17/2011 08/17/2012 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMSESO(Ea occur°nce) $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 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $2,000,000 POLICY X JET PRO LOC $ _ A AUTOMOBILE LIABILITY Y Y 1075621326 08/17/2011 08/17/2012, SINGLE LIMIT �(Eaaccidenq $1,000,000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ B X UMBRELLA LIAB X OCCUR Y N 2078533539 08/17/2011 08/17/2012 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ C WORKERS COMPENSATION Y WC175621343 08/17/2011 08/17/2012 X T O RY Y LIMITLIMIT S OTH- AND EMPLOYERS'LIABILITY Y/N TO FR ANY ICERR/MEMB R EXCLUDED?ECUTIVE N N/A E.L.EACH ACCIDENT $1,000,000 (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 D Architects/Engrs. IAE1107202 09/16/2011 09/16/2012 $2,000,000 each claim/ Professional annual aggregate Liability DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,it more space Is required) Professional Liability is written on a'claims made' policy form. Additional Insureds on the Commercial General Liability(via endorsement form SB-146968-A)and Automobile Liability(via policy form CA 00 01 03 06)arising out of project work shall be City of Oshkosh,and it's officers,council members,agents,employees and authorized volunteers provided that the named insured has agreed to provide this coverage because of a written contract or agreement. 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 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S446263/M445816 LJC