Loading...
HomeMy WebLinkAboutSpecialty Engineering Groug �iGllu. PROFESSIONAL SERVICES AGREEMENT:: ABE ROCHLIN PARK SHELTER ROOF REPLACEMENT SPECIALITY ENGINEERING GROUP THIS AGREEMENT, made on the 18TH day of October, 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: (Chad Dallman, Oshkosh Parks Department) ARTICLE III. SCOPE OF WORK The Consultant shall provide the engineering services described in the Consultant's "Proposal for Roof Design Services- 2013 Rochlin Park Pavilion Roof Replacement Project" dated 10/16/13. 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 1 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 $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 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 2 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 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: (' evka✓'a./ kin e..Cf e V. (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) 3 Client#: 843865 STRPARTN ACORDn. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 9/17/2013 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 (Palk,Ext).630 625-5219 A/ No): 610 537 939 234 Spring Lake Dr EMAIL ESS: laurie.cloninger@usi.biz er usi.biz ADDR 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: 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/YEYYY) (MMIDDYIYYYY) LIMITS A GENERAL LIABILITY Y Y 1075621326 08/17/2013 08/17/2014 EACH OCCURRENCE $1,000,000 E X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $300,000 CLAIMS-MADE ( X OCCUR MED EXP(Any one person) $10,000 X Additional Insured- PERSONAL&ADV INJURY $1,000,000 Primary/Non-Contrib. GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X JECT LOC _ $ A AUTOMOBILE LIABILITY Y Y 1075621326 08/17/2013 08/17/2014(Ee aBcclideDt)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 AUTO-S (Per accident) A X UMBRELLA LIAB X OCCUR Y Y 2078533539 08/17/2013 08/17/2014 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ - _ $ B WORKERS COMPENSATION Y WC175621343 08/17/2013 08/17/2014 X TORY LIM TS ERH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Architects/Engrs. 1AE1107204 09/16/2013 09/16/2014 $2,000,000 each claim/ Professional annual aggregate Liability DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Professional Liability is written on a'claims made'policy form. The General and Auto Liability policies include a blanket automatic Additional Insured endorsement 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 (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION BEFORE ANY City of Oshkosh THE SHOULD EXPIRATTIIONH DATE V THEREOFE NOTICE IEWIBLL CBE DELIVERED IN Attn:City Clerk ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Ave PO Box 1130 AUTHORIZED REPRESENTATIVE Oshkosh,WI 54903-1130 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S10946098/M10934333 JRMZP