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Home My WebLink AboutSummit Design LLC/OCC Kitchen HVAC PROFESSIONAL SERVICES AGREEMENT:: HVAC ENGINEERING SERVICES- OCC KITCHEN HEATING MODIFICATION THIS AGREEMENT, made on the 6th day of March, 2013, 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 Manager) ARTICLE III. SCOPE OF WORK The Consultant shall provide the engineering services described in the Consultant's "Oshkosh Convention Center Kitchen Area Heating Modification" proposal dated 3/4/2013. 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 May 1 , 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 $2,000, 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 2 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: 9 ,--Prtk (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) 3 CITY OF OSHKOSH By: -‘---.. ,1/ - Ah ,,; / " ( , Mark A. ohloff, City Manager 'nil erss) ,; L � ( /� j L And: A 4 Kf„cam ) 1 (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- I ary provisions have been made to i It:, pay the liability which will accrue )i 0 4\ under this contract. City Attorn- Finance Director 4 OAP, PROPOSAL 5 r resi. i L. C • • DATE: 3/4/2013 PROJECT: Oshkosh Convention Center TO: Subject: Mr.Jon Urben Kitchen Area Heating Modification Qirector of General Services 4th Floor City of Oshkosh 215 Church Avenue Oshkosh, WI 54903-1130 HVAC Design& Scope of Work For: • Perform 1 site visit to collect data and pictures on existing areas with the help of Oshkosh maintenance staff for the connection of 3 new hot water unit heaters in the kitchen area. • Included with this installation is the installation of a new Roof MUA Curb for installation before the re-roofing process this summer. Ensuring a good water tight seal. • Size new hot water piping for use with new hot water unit heaters. • Provide PDF files drawings and specifications on drawings for work to be done. • Ensure project complies with local and state codes • Consult with contractor as needed during repair. • Perform a final walk through visit at the completion of project. Work Not Included • Domestic 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 is: Oshkosh Hot Water Heater Design @ Oshkosh Convention Center $2,000.00 (Two Thousand 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 final 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: Jon Urban,Director of Gen. Services Joel B. Clary P.E. MBA CGD SUMMIT DESIGN LLC Page 2 Page 1 of 1 Urben, Jon From: Summit Design LLC [SummitDesign @Charter.net] Sent: Monday, March 04, 2013 2:54 PM To: Urben, Jon Subject: FW: Kitchen Hot Water Unit Heaters Attachments: 2013-03-04 (Joe Cleary-Summit Design) Oshkosh Convention Center(KMUA).doc Roof Makeup Air Purchase FOB Mfg. $12,960 x 1.2 x 2=$31,104=500 shipping=$31,604 [Rough install cost price.] Joel 3/4/2013 • • • .�""'1 OP ID: SB - Alta CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 01109!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(les):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 Phone:920-922-7480 CONTACT Bob Schuchardt Ins.Agency Inc Fax:920-9Z1-7422 PHONE FAX 442 S.Hickory Street INC.No.Est): ---__- P.O.Box 508 E-MAIL • Fond du Lac,WI 54936-0508 ADDRESS; _. —- , Robert J.Schuchardt cusTOMER ID r:SUMMI-1 __ • INSURERS)AFFORDING COVERAGE.,,__ __ _ NAfC M_— INSURED Summit Design LLC INSURER A:AUto Owners 18988 • Joel B Clary dba INSURER B; __ W6744 Rogersville Road —.... ... --- --- - Fond du Lac,WI 54937 iNSURERC: _ _ —• INSURER 0: _ . 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. NOTVMTHSTANOING 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'SUBk •° °_ .__. . - POLICY EFF POLICY EXP LTR TYPE OF INSURANCE • HER I WVD POLICY NUMBER (M M/DD/YYYY):(MMIDD/YYYY) LIMITS :GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A : X.;COMMERCIAL GENERAL LIABILITY X 61567072-10 '09/22/2012,09/22/2013 DAMAGE TO RENTED PREMIUS(go occurrence)-,. S 300,000 • __y •CLAIMS-MADE ; X •OCCUR •MED EXP(Any one person) I S 10,000• • _..-..: _...... .-. —, PERSONAL EADVINJURY $ 1,000000 r __. .. ... . . _. _ GENERAL AGGREGATE S 2,000,000 I GEN'L AGGREGATE LIMIT APPLIES PER - PRODUCTS-COMP/OP AGG I.S 2,000,000 •PRO POLICY. X I 1 LOC I •• . s .• _ AUTOMOBILE LIABILITY . X .COMBINED SINGLE LIMIT S 1,000,000 ANY AUTO (Ea accident) "' • BODILY INJURY(Per person) s ' ALL OWNED AUTOS BODILY INJURY(Per accident) S SCHEDULED AUTOS I •--------- -• _ PROPERTY DAMAGE S A ' X I HIRED AUTOS 61567072-10 09/22/2012 09/22/2013 (Per accident) A X I NON-OWNED AUTOS 61567072-10 • 09/22/2012 09/22/2013 s • s ' UMBRELLA UAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE • 'AGGREGATE S•• _ DEDUCTIBLE _ ......___. _ _ .. RETENTION S S WORKERS COMPENSATION : WC STATU- ' .OTH- AND EMPLOYERS'LIABILITY Y/N :TORY LIMITS: ER ANY PROPRIETOR/PARTNER/EXECLITIVE E.L.EACH ACCIDENT S•OFFICER/MEMBER EXCLUDED? N/A: .. ._- ._ ._ _. (Mandatory in NH) E.L DISEASE•EA EMPLOYEE S If yes describe under - •• i DESCRIPTION OF OPERATIONS below •E.L DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS t LOCATIONS!VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) 'Additional Insureds on the Commercial General Liability and Automobile Liability arising out of project work shall be City of Oshkosh and it's officers, council members, agents, employees and authorized volunteers. ' Certificates if Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City Dept 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 ty ACCORDANCE WITH THE POUCY PROVISIONS. • 215 Church Ave Oshkosh,WI 54901 AUTHORIZED REPRESENTATIVE • • Robert J.Schuchardt m 1988-2009 ACOR CORPORATION. All rights reserved. ACORD 25(2009/09) ' The ACORD name and logo are registered marks of ACORD