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HomeMy WebLinkAboutLibrary/Facility Engineering/Sealant Rehab AGREEMENT THIS AGREEMENT, made on the 1st day of March, 2013, by and between the OSHKOSH PUBLIC LIBRARY, party of the first part, hereinafter referred to as LIBRARY, and FACILITY ENGINEERING, INC., 101 Dempsey Road, Madison, WI 53714, party of the second part, hereinafter referred to as the CONSULTANT. WITNESSETH: That the LIBRARY and the CONSULTANT, for the consideration hereinafter named, enter into the following Agreement. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this Agreement: Thomas Gernetzke, RBEC — Project Manager B. Changes in Project Manager. The LIBRARY shall have the right to approve or disapprove of any proposed change from the individual named above as Project Manager. The LIBRARY 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. LIBRARY REPRESENTATIVE The LIBRARY shall assign the following individual to manage the project described in this Agreement: Victoria Vandenberg —Assistant Director ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in its consulting services proposal, "Sealant Rehabilitation for Oshkosh Public Library," dated November 27, 2012. LIBRARY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the LIBRARY. 1 STANDARD OF CARE The standard of care applicable to CONSULTANT's Services will be the degree of skill and diligence normally employed by professional CONSULTANTs or consultants performing the same or similar Services at the time said services are performed. CONSULTANT will re-perform any services not meeting this standard without additional compensation. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore,it is understood between the parties that the CONSULTANT makes no warranty that LIBRARY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, CONSULTANT is not responsible for any errors or omissions in the information from others that CONSULTANT reasonably relied upon and that are incorporated into the record drawings. ARTICLE IV. LIBRARY RESPONSIBILITIES The LIBRARY 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 Library records. CONSULTANT may reasonably rely upon the accuracy, timeliness, and completeness of the information provided by LIBRARY. To prevent any unreasonable delay in the CONSULTANT's work, the LIBRARY will examine all reports and other documents and will make any authorizations necessary to proceed with work within a reasonable time period. ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. 2 If hazardous substances other than asbestos are suspected, CONSULTANT will, if requested, conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. LIBRARY recognizes that CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than CONSULTANT. LIBRARY'S INSURANCE LIBRARY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. LIBRARY will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all PROJECT work including the value of all onsite LIBRARY-furnished equipment and/or materials associated with CONSULTANT's services. Upon request, LIBRARY will provide CONSULTANT a copy of such policy. ARTICLE V. TIME OF COMPLETION The work to be performed under this Agreement shall be commenced and the work completed within the time limits as agreed upon as projects are identified throughout this Agreement. The CONSULTANT shall perform the services under this Agreement with reasonable diligence and expediency consistent with sound professional practices. The LIBRARY agrees that the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the LIBRARY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE VI. COMPONENT PARTS OF THE AGREEMENT This Agreement consists of the following component parts, all of which are as fully a part of this Agreement as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Consultant's Services Proposal dated November 27, 2012 and attached hereto. 3 In the event that any provision in any of the above component parts of this Agreement conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE VII. PAYMENT A. The Agreement Sum. The LIBRARY shall pay to the CONSULTANT for the performance of the Agreement the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Time and Materials Not to Exceed $27,250 • Attached fee schedule shall be firm for the duration of this Agreement. B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The LIBRARY shall pay the CONSULTANT within 30 calendar days after receipt of such statement. If any statement amount is disputed, the LIBRARY 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 additional services shall 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 VIII. HOLD HARMLESS The CONSULTANT covenants and agrees to hold the LIBRARY harmless against demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of professional services of the CONSULTANT, his agents or assigns, his employees, or his subcontractors related to the negligent performance of this Agreement or be caused or result from any violation of law or administrative regulation, and shall indemnify the LIBRARY sums including court costs, and reasonable attorney fees, and damages which the LIBRARY may be obliged or adjudged to pay caused by or resulting from intentional or negligent acts as specified in this paragraph. ARTICLE IX. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. 4 ARTICLE X. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the LIBRARY 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 LIBRARY may terminate this Agreement at any time by giving written notice to the CONSULTANT no later than 30 calendar days before the termination date. If the LIBRARY terminates under this paragraph, then the CONSULTANT shall be entitled to compensation for any satisfactory work performed to the date of termination. Sub-paragraphs A and B shall be construed as reciprocated/reciprocal with respect to CONSULTANT and LIBRARY. REUSE OF PROJECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. LIBRARY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized reuse, change or alteration of these PROJECT documents. SUSPENSION, DELAY, OR INTERRUPTION OF WORK LIBRARY may suspend, delay, or interrupt the Services of CONSULTANT for the convenience of LIBRARY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. 5 In the Presence of: CONTRACTOR FACILI NGINEE rING, INC. BY: _. Pf tpacc ( pecify Title) BY: `4‘4 ....'' ! (Specify Title) OSHKOSH PUBLIC LIBRARY By: Jeffery Gilderson-Duwe, Library Director Date: -3 ,240 /5 6 Oshkosh Public Library PROJECT—Cladding and Sealant Rehabilitation Page 2 of 4 November 27,2012 INTRODUCTION At the request of Oshkosh Public Library,Facility Engineering,Inc.(FEI)is pleased to submit this proposal for professional analysis,design and construction administration consulting services as they pertain to the proposed cladding and sealant rehabilitation project. For purposes of brevity and consistency,Facility Engineering,Inc.will refer to itself as FEI and Oshkosh Public Library as Owner. PROPOSAL SUMMARY Key elements in this proposal include the rehabilitation of exterior cladding joint sealants and temporary sealing of distressed cladding. This proposal continues with the assumptions and recommendations provided to the Owner by FEI in the initial report of findings dated June 15,2012. Minimal removal of finish materials may be required in order to confirm some installed conditions,but will not occur without approval of the Owner. SCOPE OF SERVICES DESIGN DEVELOPMENT FEI shall: • Conduct an additional visual inspection of the facility as necessary. • Review architectural plans,specifications and other documentation in the Owner's possession which is deemed relevant for information related to system application and performance. • Prepare,for approval by the Owner,Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project. • Advise the Owner of any adjustments to the preliminary estimate of Construction Cost. CONSTRUCTION DOCUMENTS FEI shall: • Based on the approved Design Development Documents and the construction budget authorized by the Owner, prepare Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the Project. • Assist the Owner in the preparation of the necessary bidding information,bidding forms,the Conditions of the Contract,and the form of Agreement between the Owner and Contractor. • Advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. • Assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 101 Dempsey Road • Madison, WI 53714 • 608.240.9110 • fax 608.240.9112 www.facilitvenqineerinqinc.com Oshkosh Public Library PROJECT—Cladding and Sealant Rehabilitation Page 3 of 4 November 27,2012 BIDDING OR NEGOTIATION FEI shall: • Pre-qualify a minimum of three(3)sealant rehabilitation contractors to solicit bids or proposals. • Assist Owner in authoring of necessary addenda related to changes in scope of design included in the Construction Documents. • Assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. • Assist Owner in interpreting and evaluating contractor bids and/or proposals. CONSTRUCTION ADMINISTRATION AND OBSERVATION FEI shall: • Schedule and conduct a preconstruction conference and prepare minutes there from. • Provide construction administration including reviewing shop drawings,processing pay requests,processing change orders as required,and coordination of scheduling of any required materials testing performed by others. • Represent the Owner as Project Manager. • Provide construction observation: full-time during critical phases of construction and part-time otherwise,as required. • Perform final observations of construction with the Owner's staff. • Prepare final punch lists. • Provide up to fourteen(14)site visits in order to conduct pre-construction meeting,observe construction,attend progress meetings and prepare punch lists. SERVICES OR ITEMS NOT INCLUDED FEI does not include: • Opinion of appropriateness of design. • Testimony or deposition,expert witness or otherwise. • Staging,scaffold or lift for access. Owner shall provide: • As-built drawings. MANAGEMENT PLAN Project Organization Daniel L Maki PE,M ASCE will act as Principal Engineer for the duration of the project. Thomas M.Gernetzke,RBEC, will act as Project Manager for the duration of the project. Investment The fee for rendering professional engineering services as outlined herein shall be$27,250 as itemized below including related expenses. 101 Dempsey Road • Madison, WI 53714 • 608.240.9110 • fax 608.240.9112 www.facilitvengineeringinc.com Oshkosh Public Library PROJECT—Cladding and Sealant Rehabilitation Page 4 of 4 November 27,2012 Design Development and Construction Documents: $12,275.00 Bidding or Negotiation Phase: $3,050.00 Construction Administration and Observation $11,925.00 TOTAL $27,250.00 Refer to the attached Standard Terms and Conditions for billing terms and rates. Schedule Our services can commence on the basis of your verbal authorization to proceed along with a written confirmation for our files. Duration of Services Facility Engineering,Inc. shall provide the services described as they apply to any specific project in this proposal for a period not to exceed one(1)calendar year. FEI reserves the right to amend"Standard Terms and Conditions"annually, subject to approval by the Owner. CONCLUSION Thank you for this opportunity to provide services for you. If you should have any questions,please don't hesitate to call. APPENDICES Standard Terms and Conditions Sincerely, The above prices and conditions are satisfactory and hereby Facility Engineering,Inc. accepted. Oshkosh Public Library Thomas M.Gernetzke,RBEC Project Manager Signature ti Title Daniel L.Maki,PE,M ASCE Principal Engineer Date of acceptance ACCEPTED: 101 Dempsey Road • Madison, WI 53714 • 608.240.9110 • fax 608.240.9112 www.facilityenqineerinqinc.com • 12/21/11 CITY OF OSHKOSH INSURANCE REQUIREMENTS III. PROFESSIONAL SERVICES LIABILITY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, Its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service/job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate (4) $2,000,000 products--completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations must be carried for 2 years after acceptance of completed work (6) The general aggregate must apply separately to this nroiect/location 3. BUSINESS AUTOMOBILE COVERAGE A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol#1 -"Any Auto"—including Owned, Non-Owned and Hired Automobile Liability. III - 1 12/21/11 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY— "If" required by Wisconsin State Statute or any Workers Compensation Statutes of a different state. A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease—Each Employee 5. UMBRELLA LIABILITY - If exposure exists, provide coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of$2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of$10,000. 6. ADDITIONAL PROVISIONS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements — The following must be named as additional Insureds on the General Liability and Business Automobile Liability coverage arising out of project work...City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must include Products — Completed Operations equivalent to ISO form CG 20 37 for a minimum of 2 years after acceptance of the work. This does not apply to Professional Liability, Workers Compensation and Employers Liability. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk —City of Oshkosh. 111 -2 't°R°' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DO/YYY) 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 poiicy(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 CONTACT Insurance Agency contact NAME: Information,Including SIAM PHONE — Insurance Agent's -- address end PO Box if AIC.No.Ext contact Information. i A No): applicable, E-MAIL-..._._I_ ----- ' ADDRESS: INSURER(?)AFFORDING COVERAGE NAIL e _INSURER A: ABC Insurance Company NAIC# INSURED Insureds contactantenfaflen, an INSURER 8: XYZ insurance Company NAIC# Including name,address and P Y phone number. INSURER C:_LMN Insurance Company _ _ NAIC# _ INSURER D: Insurer(s)must have a minimum AR.Best rating of A. and a Financial Performance Rating of W or better. - 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 AMY 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 IVD POLICY NUMBER (MM!DD/YYY) (MMIODIYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 ®COMMERCIAL GENERAL LIABILITY ® ❑ General IlabIky Policy Number IPolicyeffeunreanderpbaliondam! DAMADEToRENTED A PREMISES(Ea occurrence) $50,000 —IQCLAIMS-MADE F OCCUR MED EXP(Any one person) $5,000 ®! ISO FORM CO20370R EQUIVALENT PERSONAL&ADV INJURY $1,000,000 ❑ GENERAL AGGREGATE $2,000,000 OEN•L AGGREGATE LIMIT APPLIES PER: PRODUCTS–COMP/OP AGO $2,000,000 ❑+POLICY �JECT IJj $ AUTOMOBILE LIABILITY AP LOC COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ®'ZANY AUTO I Autoh abd I ( I ® ❑ XyPolicyNumber Policy effective and expiration date. BODILY INJURY(Per arson) $ B TALL OWNED —j SCHEDULED ❑AUTOS ❑ AUTOS BODILY INJURY(Per accdent) $ ❑IHIRE°AUTOS ❑, NON-OWNED PROPERTY DAMAGE AUTOS (Perecddern $ IO; _ $ ''UMBRELLA LIAB all OCCUR ® ❑ EACH OCCURRENCE $2,000,000 A ❑EXCESS UAB DI CLAIMS MADE_ !Umbrella Uab94y Policy Number I rolicyefective end exphallon date.I AGGREGATE $2,000,000 0;DED ®RETENTION 410,000 $ C A DEMP OYERS'IABIUTY ❑ ❑ ® YVCSTATU- 0TH TORY LIMITS❑1 ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? YIN Workers Compensation Policy Poficyeffective and expiration dale. E.L.EACH ACCIDENT $100,000 (Mandatory In NH) N ( Number If yes,describe under E.L.DISEASE–EA EMPLOYEE $100,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE–POLICY LIMIT $500,000 A PROFESSIONAL LIABILITY ® ❑ $1,000,000 EACH CLAIM Professional Lie billy Policy !Policy effective and expiration dale.' $1,000,000 ANNUAL AGGREGATE Number 1 DESCRIPTION OF OPERATIONS!LOCATIONS 1 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 its officers,council members,agents,employees and authorized volunteers. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department, These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days'prior written notice has been given to the City Clerk—City of Oshkosh. CERTIFICATE HOLDER CANCELLATION City of Oshkosh,Attn:City Clerk Insurance Standard III SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church PO Box 1130 Avenue SAMPLE CERTIFICATE ACCORDANCE OWITH THE POLICY PROVISIONS WILL BE DELIVERED IN Oshkosh,WI 54903.1130 Please Indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESENTATIVE this certificate is for. ©1888-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD