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Home My WebLink AboutSummit Design LLC 7/23/2013 PROFESSIONAL SERVICES AGREEMENT:: HVAC ENGINEERING-- SUMMIT DESIGNS, OPM HVAC REPLACEMENT THIS AGREEMENT, made on the 23rd day of July, 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 Museum HVAC Replacement" proposal dated 7/18/13. 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 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 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 $15,000, 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 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 r e ce of: CONSULTANT By: '/C4=c E (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) 3 CITY O OSHKOSH By: Iir,,i .- . . F(Wit ess) � ` ' r. /Iii I. ._ i/.i: 140 f And: 'Ni_ _ .•k _ _0��_.l4) ( Fitness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue el,,, , i ♦ under this contract. City Atto g / Al/ SE:e-keii0 , Finance •irec or 4 c A PROPOSAL Summit Design t.LC • • DATE: 7/1 8/201 3 PROJECT: Oshkosh Museum Remodel TO: Subject Mr.Jon Urben Coordinate the replacement of Existing General Services Manager HVAC system for the Museum Two Room 101 Large HVAC Systems. City of Oshkosh 215 Church Avenue Oshkosh, WI 54903-1 130 HVAC Replacement Coordination: • Evaluate the rooms for each zone at the museum for proper air flow for heating and cooling • Redraw the building for coordination of the various areas of hvac replacement. • Coordinate and proof drawings with the actual installation to the best of our ability. • Coordinate the replacement of the 25 ton condenser for M-1 and condenser AC-1 • Coordinate the replacement of the 8 zone M-1 with an Equivalent sized 8 zone VAV system • Coordinate the replacement of M-1's Supply and Return fan with Higher Efficient Fans that can be operated by VFDs. • Coordinate the replacement of AC-1's Hot Water Coil,Cooling Coil into the existing cabinet. • Coordinate the replacement of AC-1's Supply and Return fan with Higher Efficient Motors that can be operated by VFDs. • Replace one of the older existing boilers with a new higher efficient hot water boiler. • Reuse motors, but replace pump flutes and leaking valves parts on system pumps • Walk Throughs: Coordinate one Large Equipment Purchase and one Heating Contractor at the Museum. • Work closely with the Heating Contractors and their subcontract for proper balancing of air and hot water systems, • Quote the HW valves using the following three options: 1) Base-Bid keep exiting pneumatic valves and DDC control as is, 2)Rebuild/Replace HW valves and reuse existing pneumatic DDC controls and 3)Replace valves and Pneumatic Controls with New Electric Controls and New DDC Control System. . • Coordinate at least 6 site visits to answer questions and to make sure work is going as planned. • At the end of project,have one final walk through where Summit will evaluate the balance reports and write up a punch list on what needs to be corrected. Initials: W6744 Rogersville Road, Fond du Lac,WI 54937 Phone(920)979-5452, Email SummitDesign @Charter.net Work Not Included • Plumbing or 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 for use by the Subcontractors • Provide all prints,copies,and reproductions required for submittals and bidding. Fees Construction Documents and Construction Administration: The fee to provide HVAC Coordination/Design Services for the City of Oshkosh Museum as defined above: Museum HVAC Coordination Design/Replacements 515,000 (Fifteen 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. The last 10%of fee will be required at the completion of the 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: Joel B. Clary P.E.MBA CGD Jon Urban, General Services Manager • • SUMMIT DESIGN LLC Page 2 •