Loading...
HomeMy WebLinkAboutSpeciality Engineering Group 7/17/2013 PROFESSIONAL SERVICES AGREEMENT: PD BIKE STORAGE ROOF REPLACEMENT- SPECIALITY ENGINEERING GROUP THIS AGREEMENT, made on the 17TH day of July, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and SPECIALITY ENGINEERING GROUP (SEG), 6214 Putnam Road, Madison, WI, 53711 , 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: (Bruce Flater, Project Manager) 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 "Proposal for Roof Design Services for the PD Bike Storage Roof Replacement Project" proposal dated 7/10/13. 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 City. 1 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 October 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 $3,500, 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 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) 2 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: - '13 el40,(-a-- I MiroAt,r (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) 3 CITY OF OSHKOSH By: � ' ` � ���Z���' '� Mark A. Rohloff, City Manager (Wi ness) `9 7/ a ' ; C' 1 - r An.. _ ._._ _ _ diAL (Witness) Pamela R. Ubrig, City Cler APPROVED: I hereby certify that the necess- ary provisions have been made to ikftit. o� pa y the liability which will accrue vunder this contract. City Attor P-611/, id -62112 Finance D erector 4 -Er IF; I SPECIALTY ENGINEERING GROUP LLC 6214 PUTNAM ROAD MADISON,WI 53711 T 608.957.2393 F 608.273.3025 www.str-seg.corn July 10, 2013 Mr.Jon Urben electronic only—no hard copy to follow Director of General Services iurben(c�ci.oshkosh.wi.us City of Oshkosh 215 Church Street PO Box 1130 Oshkosh,WI 54903-1130 Re: Proposal for.Roof Design Services 2013 PD Bike Storage Roof Replacement Project Dear Mr. Urben: Pursuant to your request, Specialty Engineering Group LLC, hereinafter referred to as STR-SEG, is pleased to submit the following proposal to the City of Oshkosh, herein after referred to as Owner,for the roof system replacement of Roof Area 1 of the Police Department Bike Storage Building, located at 640 W 3ru Avenue, in Oshkosh,Wisconsin. This proposal includes project design development, preparation of construction documents, and construction administration. STR-SEG proposes the following scope of services: DESIGN DEVELOPMENT • STR-SEG will review the Owner's requirements and related information including, but not limited to, schedule, budget, service life expectations, warranties, history, building usage, contractor preferences,and contractor insurance requirements. • STR-SEG will conduct a pre-design survey of the subject roof and wall areas to evaluate existing conditions. Based on the survey, STR-SEG will make recommendations on the scope of work required along with options and opinions of probable cost. • STR-SEG will meet with the Owner for a final review to discuss the recommendations and opinion of probable cost as they relate to the Owner's objectives prior to the start of design. CONSTRUCTION DOCUMENTS and BIDDING • STR-SEG will prepare a specification package from the data obtained during the pre-design survey. The specifications will outline the components included in the design.The package will include a site plan, paving sections and details along with information on other related components that may be part of the design. It will be prepared to promote competitive bidding by qualified contractors. • STR-SEG will assist the Owner in preparing the advertisement from which to solicit bids. • If required, a pre-bid meeting will be held at the job site. STR-SEG will attend the pre-bid meeting to answer bidder questions and make clarifications for equivalent competitive bids. • STR-SEG will assist in the analysis of the bids. immoommoommo S T R Mr.John Urben Proposal#4811 July 10,2013 Page 2 of 2 CONTRACT ADMINISTRATION • STR-SEG will provide contract administration services commencing at project award. These services will include: o Review of shop drawings, submittals and change orders. o Review of permits and licensing. o Review of the contractor's application for payment and change orders. o Review of contractor warranties and project closeout documentation. • STR-SEG will conduct a project start-up meeting to review the project and Owner requirements and conditions. • A qualified representative of STR-SEG will make periodic site visits at various times during construction to observe the quality and progress of the work and will apprise the Owner of construction activities and issues that may arise. • STR-SEG will prepare a punch list of deficient or outstanding items at substantial completion. Upon notification by the contractor that the project is complete, we will conduct a final review prior to acceptance. COMPENSATION Professional Fees Compensation for professional services, described above and pursuant to the STR-SEG General Conditions (STR-SEG-GC) shall be the lump sum of Three Thousand Five Hundred Dollars ($3,500.00). Invoicing shall be provided as follows: • 30%of the total fee upon completion of Design Development. • 40% of the total fee upon completion of Construction Documents and Bidding. • 30% due upon completion of project closeout. Reimbursable Expenses Reimbursable expenses are in addition to fees for professional services and represent STR-SEG's out-of-pocket expenses made in the interest of the project not included in the base fee per the attached General Conditions. They will be invoiced at cost. AUTHORIZATION If this proposal meets with your understanding of the project requirements please sign and return it along with a purchase order, if applicable,to STR-SEG. We will then schedule the work. Should you have any questions regarding this proposal, please do not hesitate to call. We appreciate this opportunity to serve you and look forward to working with you on this project. Yours truly, A C C E P T E D STR-SEG City of Oshkosh Oshkosh,Wisconsin By: John Hoenick Title: Account Manager Date: cc: Terry Smith, City of Oshkosh, Bruce Rater, SEG Client#:843865 STRPARTN ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)7/15/2013 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 CONTACT NAME: USI Midwest-Euclid-Prof Liab PHONE 630 694-1194 FAX 610 5374939 (A/C,No,Ext): (A/C,No): 234 Spring Lake Dr E-MAIL ADDRESS: Itasca,IL 60143 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company 20443 INSURED INSURER B:Transportation Insurance Co 20494 Specialty Engineering Group,LLC INSURER c:Argonaut Insurance Company 19801 350 W Ontario St Ste 200 INSURER D: Chicago,IL 60654 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 1 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 INSR WVD POLICY NUMBER (MM!DDY/YYYY) (MM/DD//YYYY) LIMITS A GENERAL LIABILITY Y Y 1075621326 08/17/2012 08/17/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea ogu ante) $300,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X Additiona Insured- PERSONAL 8 ADV INJURY $1,000,000 Primary/Non-Contrib. GENERAL AGGREGATE $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X 1,7e, LOC $ A AUTOMOBILE LIABILITY Y Y 1075621326 08/17/2012 08/17/2013 O aideDtj INGLE LIMIT $1,000,000 _ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) A X UMBRELLA LIAB X OCCUR Y N 2078533539 08/17/2012 08/17/2013 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION Y WC175621343 08/17/2012 08/17/2013 X TORS ERH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE f Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N I N(A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $1,000,000 C Architects/Engrs. IAE1107203 09/16/2012 09/16/2013 $2,000,000 each claim! Professional annual aggregate Liability DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,IT more space is required) Professional Liability is written on a'claims made'policy form. RE: 2013 PD Bike Storage Roof Replacement Project The General and Automobile Liability policies include a blanket automatic Additional Insured endorsement (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Oshkosh SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE tY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Ave PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh,WI 54903-1130 _. yO ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S 10454796/M7944307 LXCAA DESCRIPTIONS (Continued from Page 1) that provides Additional Insured status to they City of Oshkosh,and its officers,council members,agents, employees and authorized volunteers,only when there is a written contract or written agreement between the named insured and the certificate holder that requires such status,and only with regard to work performed by the named insured. SAGITTA 25.3(2010/05) 2 of 2 #S10454796/M7944307