Loading...
HomeMy WebLinkAboutSpecialty Eng Group/City Ctr Roof Rplcmnt oh ti n4 AGREEMENT THIS AGREEMENT, made on the 1st day of December, 2012, 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 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: (Bruce Flater— Specialty Engineering Group, 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 Manager) ARTICLE III. SCOPE OF WORK The Consultant shall provide the engineering services described in the Consultant's "Prop osal for Roof Design Services- 2013 City Center 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. The Consultant may provide additional products and/or services if such 1 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 July 1 , 2013 unless both parties agree to extend the completion date in writing. ARTICLE Ill. PAYMENT A. The Contract Sum. The City shall pay to the Consultant for the performance of the contract the sum of $17,500, 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 Presence of: CONSULTANT eqed.dit4(4:5: (Seal of Consultant (Specify Title if a Corporation.) B ‘.4111111M wo Ved 14.ce .e (Specify Title) 3 CITY OF OSHKOSH �jr l.,. , u'lZ / a``i Mark A. R hloff, City Manager ( itn, ss) /, y 1, ((/:{ ` - _ And: I 4 l fitness) •- •- : . '. • _t Ci�'e( I rrk APPROVED: I hereby certify that the necess- ary provisions have been made to _ pay the liability which will accrue 1,S- L under this contract. City Att 2/rip, .<), YU-4 Finance Director 4 SPECIALTY ENGINEERING GROUP LLC 6214 PUTNAM ROAD MADISON,WI 53711 T 60.957,2343 F 608:273.3025 www.str-sea.corn June 20, 2012 Mr.Jon Urben electronic only—no hard copy to follow Director of General Services jurben(a.ci.oshkosh.wi.us City of Oshkosh 215 Church Street, P.O. Box 1130 Oshkosh,WI 54903-1130 Re: Proposal for Roof Design Services 2013 City Center Roof Replacement Project Dear Mr. Urben: Pursuant to your request,Specialty Engineering Group LLC,hereinafter referred to as 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 of Roof Areas 1,3,7 and 8 at the Oshkosh City Center,located at 2 North Main Street, 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. Iry Mr.John Urben Project#4673 June 20,2012 Page 2 of 2 CONTRACT ADMINISTRATION • STR-SEG will provide contract administration services commencing at project award. These services will include: o Review of shop drawings, submittals and change orders. o Review of permits and licensing. o Review of the contractor's application for payment and change orders. o Review of contractor warranties and project closeout documentation. • STR-SEG will conduct a Project Start-up Meeting to review the project and Owner requirements and conditions. • A qualified representative of STR-SEG will make periodic site visits at various times during construction to observe the quality and progress of the work and will apprise the Owner of construction activities and issues that may arise. • STR-SEG will prepare a punch list of deficient or outstanding items at substantial completion. Upon notification by the contractor that the project is complete we will conduct a final review of the completed work prior to acceptance. COMPENSATION Professional Fees Compensation for professional services, described above and pursuant to the STR-SEG General Conditions (STR-SEG-GC) shall be the lump sum of Seventeen Thousand Five Hundred Dollars ($17,500.00). Invoicing shall be provided as follows: • 30%of the total fee upon completion of Design Development. • 40%of the total fee upon completion of Construction Documents and Bidding. • 30%due upon completion of project closeout. Reimbursable Expenses Reimbursable expenses are in addition to fees for professional services and represent STR-SEG's out-of-pocket expenses made in the interest of the project not included in the base fee per the attached General Conditions. They will be invoiced at cost. AUTHORIZATION If this proposal meets with your understanding of the project requirements please sign and return it along with a purchase order, if applicable,to STR-SEG. We will then schedule 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 E P T E D Yours truly, City of Oshkosh STR-SEG By: Title: John Hoenick Account Manager Date: Cc: Terry Smith, City of Oshkosh Bruce Flater, STR-SEG