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HomeMy WebLinkAboutTR Karrels/Museum PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made on the 18th day of February, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and T.R. KARRELS & ASSOCIATES SC, 1934 Algoma Boulevard, Oshkosh, WI 54901 , 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: (Thomas R. Karrels, P.E. T.R. Karrels & Associates, SC) 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: (Brad Larson, Director, Oshkosh Public Museum) ARTICLE III. SCOPE OF WORK The Consultant shall provide the architectural and engineering services described in the Consultant's proposal dated 2/13/13. 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 1 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 , 2013 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 $12,700, 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 violation of any law or administrative regulation, and shall indemnify or refund to the 2 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: aeaNgee- (Seal eal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) 3 CITY OF OSHKOSH ,,07-7--, ' ,, A ‘,4 �, Mark A. ohloff, City Manager C. itness) K, iiT , 9, 2- t7;(i_ <'' ( i And--:9,_ • lo ica (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to I pay the liability which will accrue Ai. 11 _Au under this contract. City Att± Le L 62 7.___ Finance 4 T.R. Karrels associates sc 2/13/2013 Brad Larson 1331 Algoma Blvd. Oshkosh, WI 54901 Brad, Thank you for the opportunity to provide you with a proposal for architectural and engineering services. This proposal includes the following tasks: Task No. 1: Provide Professional Services for strengthening the Annex Building second floor. Scope of Work: The Museum would like to strengthen the second floor of the Annex in the current storage area. This area is directly above the high density mobile storage units on the first floor. It has been proposed that the existing floor in the area be supported by new clear span steel beams which will in turn be supported by the existing masonry walls. Preliminary plans have been drawn and a contractor has provided a budget cost for this work. As a reminder, please include the cost to disassemble, relocate and reassemble the first floor high density shelving as required to perform this work. Our proposed work for this task would be as follows: 1. Complete field measuring and documentation. 2. Provide structural design, drawings and specifications. 3. Help with obtaining bids through the City Purchasing Department. 4. Construction observation during work. 5. Any design other than general construction is excluded from this proposal. Proposed Fee for Task No. 1: The proposed fee to provide the services listed above is$5,200. We will provide five (3)sets of plans, (1) large and(2) half size. Printing for bld distribution, if required, is not included. Task No. 2: Review the strength of the original attic floor in the 1908 Sawyer Residence, now home of the Oshkosh Public Museum. 1934 Algoma Blvd I Oshkosh WI 54901 1 P 920.426.4470 1 F 920.426.8847 Scope of Work: To evaluate the strength of the floor system in the area which is presently used for storage and to evaluate the weight of the existing material being stored. Our proposed work for this task would be as follows: 1. Review all documents for information that would pertain to this task. 2. Calculate or obtain existing fixture/cabinet weights presently used for storage. 3. Obtain stored artifact weights from the owner. 4. Field measure and verify the location of existing supporting walls. 5. Calculate the strength of the floor members to determine the safe, allowable floor loading. 6. Provide drawings for minor alterations to the attic area, such as a door added to an existing room. Clarifications: • Floor openings and wall construction required to observe the existing floor member sizes and spacing will be kept to a minimum due to the historical nature of the building. • There is a chance that the floor member strength cannot be determined without considerable floor deck removal, In that case, other methods of determining the floor strength such as load testing could be considered. • There may be some added hours and cost to document the existing wall layout in this area if the existing layout differs greatly from what is on the existing building drawings. This is required because Task#1 from the original proposal dated 8/3/2012 was not chosen. Proposed Fee for Task No. 2: The proposed fee to provide the services listed above is$7,500. A plan will be provided showing the allowable loads in the different areas. Again, thank you for the opportunity to provide you with this proposal. Sincerely, omas R Karrels, P.E. Owner 2 1 a DATE(MM/DD/YYYY) A`ORD CERTIFICATE OF LIABILITY INSURANCE 02/13/2013 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 NAME:T CT Holmes Murphy & Assoc - WI PHONE FAX (NC.No.Ext): (A/C,No): 10 E. Doty Street, Suite 800 E-MAIL ADDRESS: Madison, WI 53703 INSURER(S)AFFORDINGCOVERAGE NAIC# Paula Dixon INSURERA: BEAZLEY INS CO INC 37540 INSURED INSURER B: T.R. Barrels & Associates, S.C. INSURER C: 1934 Algoma Boulevard INSURERD: INSURER E: Oshkosh, WI 54901 INSURER F: COVERAGES CERTIFICATE NUMBER: 31986743 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. ADDL SUBR POLICY EFF POLICY EXP INSR TYPE OF INSURANCE ,INSR WVD POLICY NUMBER (MM/OD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 7 POLICY IF LOC COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS _ AUTOS _ NON-OWNED -PROPERTY DAMAGE $ HIRED AUTOS _ AUTOS (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 I N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A Professional Liability V15JN7120401 12/24/1: 12/24/13 Each Claim 1,000,000 Claims Made Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS 1 VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: City of Oshkosh OPM Proposal 30 Day Notice of Cancellation in favor of City Clerk - City of Oshkosh. 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: City Clerk 215 Church Avenue AUTHORIZED REPRESENTATIVE PO Box 1130 Osh Rosh, WI 64903-1130 btl/t/.l.a.a/%V'%' I USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD kcampbellwi 31986743 Best's Credit Rating Center-Company Information for Beazley Insurance Company, Inc. Page 1 of 2 For ratings and product access Login I Sign-up Beazley Insurance Company, Inc. Print this page (2) A.M.Best 0:011442 NAIC 0:37640 FEIN 6:042656602 Address:30 Batterson Park Road Assigned to Rr netritltregar 6.1 Farmington,CT 06032 companies t United States that have in A BtOorllant Web:wew.beazley.com our opinion, Phone:860-677-3700 an excellent ability to meet their Fax:860-679-0247 ongoing insurance obligations. Based on A.M.Best's analysis,052666-Beazlev plc is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure.View a list of operating insurance entities in this structure. Best's Credit Ratings I.Beet's Credit RaBn Anal sl---_-- ---� _----- 1 'Financial StrengthRating_Viaw Definition .�._.._._..X......_.._.__..____..__.__...._. 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