HomeMy WebLinkAboutSUMMIT DESIGN LLC 9/10/2012 AGREEMENT
THIS AGREEMENT, made on the 10th day of September, 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 —General Services Bureau Manager)
ARTICLE III. SCOPE OF WORK
The Consultant shall provide the engineering services described in the
Consultant's "City Hall Dual Duct Volume Boxes (DDV) Modification and
Redistribution" proposal dated 8/31/2012. If anything in the Consultant's proposal
conflicts with this agreement, the provisions in this agreement shall govern.
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 September 20, 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
$2,500, 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
however remotely to the performance of this Contract or be caused or result from any
2
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 Pr-sence of: CONSULTANT
/ 9 Iv�IZ
By: % '�
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•
(Seal of Consultant (Specify Title)
if a Corporation.)
By:
(Specify Title)
3
CITY OF OSHKOSH
/ / By. -.--)4`el-Ki
-/lexL Z6/Z, '(C Mark A. Rohloff, City Manager
(Wit ess)
Ltif
l 2 2,z) "2 And: Imo' L' 0111111 i
(Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
1...., pay the liability which will accrue
At di I ; 1 under this contract.
ity Attorney
P-P -- Ze_.0-/-5C)
Finance r ctor
4
IC)AOA
PROPOSAL
Stlflfl tt,(.1e j$ ATV
• •
DATE: 8/31/2012 PROJECT: Oshkosh City Space Modification
TO: Subject:
Mr.Jon Urben Dual Duct Volume Boxes (DDV)
Director of General Services Modification and Air Redistribution.
4th Floor
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54903-1 130
HVAC Design & Scope of Work For:
• Perform one site visit to collect data on existing system with help of owner maintenance staff.
• Consult with contractor as needed during installation.
• Redraw existing duct system on new building drawings.
• Perform hvac loads on all spaces feeding existing spaces,resize ductwork as necessary.
• Provide PDF files with specifications on drawings for work to be done.
• Ensure project comply with local and state codes
• Over See Project's installation
• 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 Design and Construction Administration Services as defined above are:
_ Oshkosh 2th Floor Conference Room Remodel HVAC Design and Oshkosh 4th Floor
City Manager Office Remodel HVAC Design and Project Supervision.
$2,500.00(Two Thousand Five Hundred Dollars and no cents).
Additional Services: Submittal of drawings to the City or State will be an additional cost for these
projects. 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 hvac design. The 20%balance will be required at
the completion of the walk through punch list. 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
ice OP ID:GS
•• 'A`C.: R°- CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDO/YYY1/)
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 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(iesf must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an-endowment.'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 pHpryE FAX
442 S.Hickory Street 920-921-742 _•_ -__ _.... . ... :•Hlc,I,o>:
P.O.Box 508 ADDRESS:
Fond ert J.Schuucchaar t CUSTOMER IO rS UMMI-1
_ INSURERIB)AFFORDING COVERAGE NAIL I
IIBURED Summit Design LLC INSURERA:Auto Owners 18988
Joel B Clary dba INSURER B:
W6744 Rogersville Road •
MISIIRERC: _
Fond du Lac,WI 54937
INSURER 0:
.
. . . . . --•---------.
INSURER E: .�—...
INSURER
•COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POUCIES 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ADD/SUSR
Um i TYPE OF INSURANCE WSW RAM POLICY NUMBER {M,/�OQEEY 'I MM/rYififYYP Y I UNITS
GENERAL uAeIUTY EACH OCCURRENCE s 1,000,000
A X coMMERcw.owainAL LIABILITY X ; 61567072-10 09/22/11 09122/12 L°14/44°E To RENTED. •E 300,000
——a CLAIMS4VDE X occur • i MED EXP(Any ens person) .s-_ 10,000
• I PERSONAL&MN mum. s 1,000,000
---- —• - - •- :GENERAL AGGREGATE - E 2,000,000
•GEN'L AGGREGATE LM*T APPLES PER: PRODUCTS-COIAPIOP AGG $ 2,000,000
I POLICY X: r ; LOC S
AUTOMOBILE LIABILITY X COMSINEUSINGLET S 1,000,000
.. I.M(E.goo dnY
_,
NW AMU *DIMLY INJURY(PYrpawn, .S
- 1 AuLaM,eawros BODILY INJURY(P«..dwq $
A X•'BREDA/MS 61567072-10 • SWUM 1 Os/27/12 t DMAAtTE s
A X i NaN�wees sums .61567072-10 89/2211 i 89/22112 $
-.• -
— LW _'OCCUR _EACH OCCURRENCE S
EXCESS LAB CIAIMS-MADE AGGREGATE .f . ..
• •DEDUCTIBLE __—`.$
• .• •
RETENI ION $ $
WORKERS COMPENSATION • TORY T LIMITS-. '.ER.. -
ANDEMPLOYERS'LWNLITY- Y!N ._. .
ANY PROPSU TORNPARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFICERMEYBER EXCLUDED? N I A
(Mandatary w,NH) E.L.DISEASE.-.EA EMPLOYEE$
Vyye.si,,dssoribauMr - ... . .•
DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY UMIT $
■
i
•
1 I
—
• DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(Attach ACORD 101.Additions,Rsmrk.Scbduls.If moss space Is requtnd)
.Policy Includes Ex losion,Collapse and underground coverage.Includes
.contractural liability and personal Injury coverage.City of Oshkosh,and
•Its officers,comic! 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
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS.
215 Church Ave
Oshkosh,WI 54901 AUTHORIZED REPRESENTATIVE
Robert J.Schuchardt
®1888-2009 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, $ 1000;000
CHARGES AND EXPENSES)IN RESPECT
OF EACH CLAIM
B) LIMIT IN THE AGGREGATE(INCLUDING S 1,000,000
COSTS,CHARGES AND EXPENSES)FOR
EACH ANNUAL PERIOD
ITEM 7: DEDUCTIBLE EACH CLAIM: $ 5,000
ITEM 8: TOTAL PREMIUM: S 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)
AIF2332V(08/I0) .
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 6 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)
•
Marsh U.S.Consumer
ON* MARSH a sera ofSeabmy&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 OP 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 IL Claims Handling Clause). Include all original
correspondence regarding the claim. This should be sent via certified mail or overnight
delivery to:
Marsk Conner
Engineers' Professional Liability Insurance Deputment
12421 Meredith Drive
Urbandale,IA 50323
Phone: 1-800-640-7637
Fax: 515-365-3043
MID-TERM REOIJESTS: 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
•
L-- C Marsh&McLennan Companies
a %...4 cult.iVauug l.ct'LGr— l..ompany inrorrnauon ror unaerwnters at Lloyd's London(1... Page 1 of 2
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