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HomeMy WebLinkAboutIdea House/Parks Dept PROFESSIONAL SERVICES AGREEMENT: AE DESIGN SERVICES- OSC SPACE NEEDS ASSESSMENT THIS AGREEMENT, made on the "th day of April, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Idea House, Inc. d/b/a Dimension IV, 211 N. Broadway, Suite 204, Green Bay, WI 54303, 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: (Daniel J. Roarty— Dimension IV) 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 IL CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Ray Maurer —Parks Director) ARTICLE Ill. SCOPE OF WORK The Consultant shall provide the engineering services described in the Consultant's "A/E Design Services: Space Needs Assessment OSC North" 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 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 $26,400, 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 to 2 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 ad- judged 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 attached and listed as: "Ill. Professional Services Liability Insurance Requirements". 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. rrzite-, pe•-t (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) 3 CITY OF OSHKOSH c�j By: mac- , 7: .� /illi1 4 Mark A. .ohloff, City Manager er 1 Wftless - ______ ,i 7 ,--,‘ ti �'�i',-; , And: * L . L' `I lit '-1, (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue It g , ∎ �_of A al under this contract. City Atto - :1 / Financ a, '; 'tor • 4 /•-) �® CERTIFICATE LIABILITY INSURANCE- DATE(R440DtYYYY) 22/2013 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 BOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(tes)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 endorsolnent(s) PRODUCER NAME: T Christine M Doyle,AIS, CISfr' Alliance Insurance Centers LLC PHONE FAX 313II Market Street (NC,No.F:01:92.0-330-9000 INC,No 920-330-9001 eNIAIL Green Bay WI 54304 AoD-esSSC(joyi @aIlianceinsurancecenters corn INSURER(S)AFFORDING COVERAGE I NAIC N INSURER A:Ac).tlty A1- XI ...... dA 84 INSURED IDEAH-1 INSURER B: I Idea House Inc dba INSURER C: Dimension IV PO Box 12585 INSURER O: Green Bay WI 54307-2685 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:668646656 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 WTH RESPECT TO W-IICH THIS j CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR - - ADDUSUBRI -_ - I POLICY EFF POLICY EXP I --- - I LTR TYPE OF INSURANCE INSR I WVO POLICY NUMBER (MLUDD/YYYY) (MMIDD/YYYY) LIMITS A GENERAL LIABILITY Y )(03524 12/30/2012 12/30/2013 EACH OCCURRENCE 51,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $100,000 CLAIMS-MADE V ]OCCUR MED EXP(Any one.erson $5,000 PERSONALS ACV INJURY 51,000.000 GENERAL AGGREGATE $2,000,000 GEM.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGO 52,000 000 I POLICY I I,PIS7 1 1 LOC $ A AUTOMOBILE LIABILITY Y K03524 12/30/2012 12130/2.013 COMBINED SINGLE LIMIT (Ea accident) $1.000,000 ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Par eccidenl)I S AUTOS AUTOS X HIRED AUTOS X NON-O'ANED PROPERTY DAMAGE $ AUTOS (Per accident) I I$ i A X UMBRELLA LIAR X I OCCUR K03524 12/30/2012 12/30/2013 EACH OCCURRENCE I$2,000,000 EXCESS LIAR CLAIMS-MADE AGGREGATE S2,000,000 DEED RETENTIONS S : A WORKERS COMPENSATION }(03524 112/30/2012 12130/2013 X we STATU• 10TH. AND EMPLOYERS'LIABILITY 1.1 N I TQRYLIL IT..S ER ...__ ANY PROPRIETOR/PARTNER/EXECUTIVE I I If E.L.EACH ACCIDENT 5100,000 OFFICER/MEMBER EXCLUDED? -- ----' -- (Mandatory In N11) E.L.DISEASE•EA EMPLOYEE$100,000 If yes,describe under --- DESCRIPTION OF OPERATIONS beica E.L.DISEASE-POLICY LIMIT I$500,000 i DESCRIPTION OF OPERATIONS 11-OCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required( City of Oshkosh and the officers,council members,agents,employees and authorized volunteers are hereby listed as an additional insured under the general liability policy, including completed operations,as respects to work performed by the named insured,subject to the policy language, forms,conditions and exclusions. Umbrella Policy is following form. (includes the CG2037 additioanl insured completed operations endorsement) Should any of the aforementioned described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh, City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Ave PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh WI 54903-1130 I ©1988-2010 ACORD CORPORATION. All rights reserved, ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: IDEAH-1 • LOC#: AC'CM LD ADDITIONAL IlEMAIrIKS SCHEDULE Paco 1 of 1 AGENCY NAMED INSURED Alliance Insurance Centers LLC • Idea House Inc dba Dimension IV POLICY NUMBER PO Box 12565 Green Bay WI 54307-2585 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE 30 days written notice to the named certificate holder,but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved, The ACORD name and logo aro registered marks of ACORD ACCPROI CERTIFICATE OF LIABILITY INSURANCE DATE (MNU 04/08/200113 3 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 Phone: (360)598-3700 Fax: (360)598-3703 CONTACT MICHAEL J.HALL&COMPANY MICHAEL J.HALL&COMPANY NAME: PHONE �F HALL&COMPANY (A C,No,Ezq: (360)598-3700 6 No): (360)598-3703 19660 10TH AVENUE N.E. E-MAIL DRSS: POULSBO WA 98370 INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Travelers Casualty and Surety Co of America 31194 INSURED IDEA House Inc INSURER B 211 N Broadway,Suite 204 INSURER C Green Bay WI 54303 INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 183380 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. INSR TYPE OF INSURANCE ADD'L SUER POLICY EFF POLICY EXP LTR INSR VI/VD POLICY NUMBER (MM/DD/YYYY) (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurence) CLAIMS-MADE OCCUR MED.EXP(Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE 5 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ -7 POLICY— PRO LOC JECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ ALL OWNED SCHEDULED BODILY INJURY(Per person) $ AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE _AUTOS $ (per accident) UMBRELLA uA6 OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ 5 WORKERS COMPENSATION WC STATU- OTH AND EMPLOYERS' LIABILITY TORY LIMITS I ER $ ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ dyes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability Claims Made Form 105569462 02/21/13 02/21/14 $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Contract:A/E Design Services-OSC Space Needs Assessment 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 215 Church Ave. ACCORDANCE WITH THE POLICY PROVISIONS. P.O.Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh,WI 54903-1130 Attention: City Clerk --� Chris Engstrom ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD