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HomeMy WebLinkAboutRettler Corp 1/2/2014 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made on the Zrci day of January, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and RETTLER CORPORATION, 3317 BUSINESS PARK DRIVE, STEVENS POINT, WI 54481-8834, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, agree as follows: (Note: If anything in the Proposal conflicts with the Request for Proposals or this document, the provisions in the Request for Proposals and this document shall govern.) ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this contract: JEFF BAHLING, SENIOR ARCHITECT 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: ELIZABETH SCHULTZ, ASSISTANT PLANNER ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CITY'S Request for Proposals and Proposal of the CONSULTANT. The CONSULTANT bid is attached as Exhibit A, and is incorporated into this agreement to the extent it does not conflict with the CITY'S Request for Proposals, or this agreement. The CONSULTANT shall provide the services described in its proposal attached hereto and incorporated herein by reference. The CONSULTANT may provide additional products and/or services if such 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 All work to be performed under this contract shall be completed on or before 30, JUNE, 2014 unless the parties agree in writing to extend this date. ARTICLE III. PAYMENT A. The Contract Sum. The CITY shall pay to the CONSULTANT for the performance of the contract the total sum of $5,000 for EMMELINE COOK SCHOOL CONCEPTUAL MASTER PLAN, adjusted by any changes as provided in the proposal, or any changes hereafter mutually agreed upon in writing by the parties hereto. 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 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 IV. CONSULTANT TO HOLD CITY HARMLESS The CONSULTANT covenants and agrees to protect and hold the CITY 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 as an additional insured. The specific coverage required for this project are 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. Signature page follows. 3 In the Presence of: CONSULTANT By: _ • ?(cs Cr-fe,-\4- (Seal of Contractor (Specify Title) if a Corporation.) By: - __. .. ... ,.....- _...... c ; (Specify Title) CITY OF OSHKOSH r By:/ Mark loff, City Manager ( it --)/12- L'( 1 n tLL ,-- i w And1 And: J'LALL iii_ 4 ii (Witness) Pamela R. Ubrig,'ity Clerk (\ APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. , Illo.., v .., ,\Auk4' wtripik ity ttorney ' Az, q.4-City omptroller 4 CITY AND SCHOOL DISTRICT OF OSHKOSH,WI SCOPE OF WORK EMMELINE COOK ELEMENTARY PLANNING SERVICES The City of Oshkosh, Miller's Bay Neighborhood Association and the school district of Oshkosh are combining efforts to develop a new vision for its community and specifically the Miller's Bay Neighborhood. This effort includes developing a Master Plan for the Emmeline Cook Elementary School. The group recognizes the need to provide a vision plan for exterior improvements. Improvements will consist of both functional and aesthetic solutions for a user friendly school and neighborhood environment. The enclosed proposal provides a scope for developing a comprehensive master plan for the Emmeline Cook Elementary School. PROJECT APPROACH I. Project Planning A. Kick-off Meeting Conduct a preliminary project meeting with City Planning Staff to define the final project scope and identify the split of duties between the City Staff and Consultant Staff. B. Prepare a detailed project plan; identify tasks, responsibilities, and deliverables. The project plan will be based on the proposed project approach. C. Establish a project timeline; identify start and completion dates of all major project phases. H. Planning Process A. Data Gathering 1. Utilize City of Oshkosh GIS CADD Engineering/Planning Department for base mapping. The City of Oshkosh Engineering/Planning Divisions will provide GIS data: a. Locations of existing buildings &structures b. Site and building entrance elevations c. Existing public utilities to include sanitary & storms depths 2. Obtain as built topographic map as developed by City Engineering Department, as available in Auto CADD DWG. format. 3. Review existing survey and/or as-built mapping for private utilities, elevations, etc. as provided by City and School District. 4. Identify school needs as provided by City staff, PTO, and design subcommittee. B. Site Analysis 1. Prepare base map of existing site and analyze site features and issues. a. Topography and slope. b. Views and vistas (positive and negative). c. Existing drainage features and patterns. d. Review existing site features and amenities and conditions. i3 ;� RETTLER LM ;4�£ corporation CITY AND SCHOOL DISTRICT OF OSHKOSH,WI SCOPE OF WORK EMMELINE COOK ELEMENTARY PLANNING SERVICES e. Soils— as provided by City/School District past projects. f. Major vegetation types and locations. g. Environmentally sensitive areas. h. Existing street locations, vehicle access points, and parking area. i. Internal and external traffic circulation, bus and parent drop off and pick up areas. j. Outdoor gathering spaces, outdoor classrooms, etc. k. Existing and potential pedestrian circulation linkages. 1. Utility locations and existing infrastructure locations. m. Adjacent property uses and impacts. n. Existing memorials, landscape memorials, etc. o. ADA compliance. C. Needs Assessment—Kick Off Meeting 1. Meet with City Planning Staff, school district, and Miller's Bay Association representative, (Owner) to discuss existing and proposed uses for the school site/adjacent neighborhood.. 2. Items listed to date a. Low maintenance landscaping plan for the front façade &butterfly garden b. Look at existing tree canopy and provide recommendations on removal and additions. c. Lighted cabinet school monument sign to match existing school materials—energy efficient d. Exterior decorative lighting e. Pedestrian amenities (bike racks, benches, etc.) f. Resurface parking/play areas g. Replace existing school sidewalks h. New playground surface &equipment i. Rain garden or bioswales to address parking lot and play area run off j. Fencing around the school perimeter k. New baseball backstop and benches 3. Present list of need criteria for review and input. 4. Develop final list of needs to be considered in Conceptual Plan development of school site. D. Concept Plan Development 1. Provide up to two (2) concept plan layouts, which combine all elements from the site analysis and development program. a. Design appeal. b. Accessibility. c. Phasing considerations. d. Environmental impacts. e. Implementation and constructability. f. Operational impacts and maintenance considerations. RETTLER ! Yd s corporation A CITY AND SCHOOL DISTRICT OF OSHKOSH,WI SCOPE OF WORK EMMELINE COOK ELEMENTARY PLANNING SERVICES 2. Document positive and negative items and consider all input into Conceptual Plan development. E. Refine conceptual plan and review preliminary cost estimates with Owner. H. Present plan to Owner for review and approval. I. Submit line item cost estimates for all improvements, based on 2013 construction costs of similar projects completed by Rettler Corporation. J. Provide one (1) 24" X 36" color rendering of the Conceptual Plan and electronic format PDF. III. Attendance at Meetings—3 Total A. Initial kick-off meeting B. Open house with neighborhood C. Final presentation D. Additional meetings shall be billed on a time and material basis. IV. Compensation for Services A. All payments will be billed on a time and materials basis against the "Not to Exceed" total. B. If the Owner changes the Scope of Services after initiation of services, the Consultant has the right to renegotiate the compensation for the changed services. C. All governmental fees will be paid directly by the Owner. D. Construction Documents are not included in this planning proposal. E. Geotechnical testing and or topographic mapping not included in this proposal F. Periodic invoices will be submitted on a 30-day basis. The billing amount will be determined based upon the current percent completion of services. RETTLER ` � corporation CITY AND SCHOOL DISTRICT OF OSHKOSH, WI SCOPE OF WORK EMMELINE COOK ELEMENTARY PLANNING SERVICES VII. Fees A. Emmeline Cook Master Plan $5,000.00 VIII. Contract Agreement A. This proposal shall remain firm for a period of ninety (90) days after the date indicated below, as executed by Rettler Corporation. The proposal may be withdrawn or renegotiated after this time. ACC)R13, ATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE D07/01/2013 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 ROWE INSURANCE DBA JOHN R ROWE (Pp,Hj�No.EM).715-341-3435 FAX.Na): 1672 COUNTY HWY HH W E-MAIL ADDRESS: STEVENS POINT WI 54481 INSURER(S)AFFORDING COVERAGE NAIC# PH 715-341-3435 FX 715-344-1979 INSURER A: SECURA INSURANCE CO INSURED INSURER B: RETTLER CORPORATION INSURER C: 3317 BUSINESS PARK DR. INSURER D: STEVENS POINT WI.54481 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 100436 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 ADDL SUER POLICY EFF POLICY EXP INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY BP3012881-4 7-1-2013 7-1-2014 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISESO(Ea occu RENTED $ 50000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X JE LOC $ A AUTOMOBILE LIABILITY A3066228-4 7-1-2013 7-1-2014 (COMBa c.I IS SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ AUTOS OWNED SCHEDULED ULED BODILY INJURY(Per accident) $ HIRED AUTOS AUUTOSW NED PROPERTY P DAMAGE AUTOS $ A X UMBRELLA LIAB X OCCUR CU3045985 7-1-2013 7-1-2014 EACH OCCURRENCE $ 2,000,000 EXCESS LIAB _ CLAIMS-MADE AGGREGATE $ 2,000,000 DED X RETENTION$10000 $ A WORKERS COMPENSATION Y/N WC3012882 7-1-2013 7-1-2014 X ORY LIMNS OE H AND EMPLOYERS'LIABILITY OF ICER/MEMBER EXC UDEDXECUTIVE N N/A E.L.EACH ACCIDENT $ 100,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 E yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) ADDITIONAL INSUREDS ON THE COMMERCIAL GENERAL LIABILITY AND AUTOMOBILE LIABILITY 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN:CITY CLERK ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 1130 OSHKOSH,WI 54903 AUTHORIZED REPRESENTATIVE FX 920-236-5039 ., ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD