Loading...
HomeMy WebLinkAboutPerformance Elevator Consulting LLC PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made on the 27th day of January, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and PERFORMANCE ELEVATOR CONSULTING LLC, PO Box 464, Mequon, WI 53092- 0464, 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: (Paul S. Rosenberg, President) 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 G. Urben, General Services Manager) ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT'S proposal attached dated January 17, 2014 and incorporated herein by reference. 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 1 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 March 31 , 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 $2,455, 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 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 2 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. In the Presence of: CONSULTANT _1:20422.... .1,_.4. By: .C,. � . , I3/yy/ (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH i By: �'`_'il .,ey�'(.� V1/ �'Z �,!{i Mark A. 'Rohloff, City Manager ( ness) And - ` J (Witness) Pamela R. Ubrig, City Clerk \J 3 APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. aaij ttorney City Comptr,i lle 4 . . �� Performance Post Office Box 464 Mequon,WI 53092-0464 Consulting, Voice/Fax:262-242-3077 F., Pc Elevator Consulting,LLQ, Mobile No:262-853-1054 b E-mail:PerformElevCons@wi.rr.com CONSULTING SERVICES PROPOSAL AND ACCEPTANCE Performance Elevator Consulting,LLC.(Consultant)proposes to perform elevator Consulting Services,as detailed,for Client of CITY OF OSHKOSH Conveyances: (5) Hydraulic Passenger Elevators 215 Church Avenue (1) Electric Passenger Elevator P.O. Box 1130 (1)Vertical Platform Lift Oshkosh, WI 54903-1130 (See schedule) Proposal No. 1:Equipment Assessment Perform assessments of the designated conveyances, focusing on the following objectives: • Identification of maintenance deficiencies including Elevator Code violations • Accessibility evaluation • Provide recommendations for upgrades,with budget pricing Included in the assessments is a review of the available maintenance, callback, testing, repair, replacements, and Firefighters'Operation test records at the time of the assessments. A written report of deficiencies will be provided for corrective action by your elevator service provider(s). Upgrade recommendations will be summarized separately. Reports will be submitted electronically as PDF documents. Some photos may be included. Unit pricing (includes travel and vehicle expenses) per hydraulic elevator $365.00 per electric elevator 470.00 per platform lift .11 s I / Total based on 6 elevators and 1 platform lift ..$2,455.0. ,/ Additional 8 elevators, 1 platform lift, and overnight expenses $3,200.00 $5,655.00 It is stipulated that others will provide advance notice to each location, and that the audits will be made consecutively at the convenience of Consultant, each requiring 1 hour out of . service. Client agrees to provide access to the equipment, and to provide entry into any elevator related areas. Consultant will bring tools and a digital camera into each facility. This agreement when signed by Client and by Performance Elevator Consulting, LLC., including the terms and conditions set forth on the back which are incorporated herein and expressly made a part hereof, shall constitute exclusively the contract between the parties. Signed and Accepted by Client Client Performance Elevator Consulting, LLC Signature By Pad S. 'odeggez, Paul S. Rosenberg Name/Title President Date Date January 17, 2014 m m m m m m O. - x N. N. 0 .-1 N 0 .ti .-I 0 a o 0 0 0 0 0 m 0 0 0 O CO CO 00 0 0. •-1 .-1 .••1 0 0 0 0 no 0 VI •O m a7 N m m M N 'O a M V1 a N V) N J C n J a) al No o ti 0 in oN '•1 o a CO o N Ln w `G .•4 N -I e-1 .-1 .••1 O. .-1 .••1 .••I .•4 •--I °) N V _ H Z. Y- O 0 0 0 O 0 0 0 0 0 O 0 0 Le,U N N m Lo m m V m N N LO f1 kA 2 CO 01 N 0 0 N N 1�\ 0 CO CO\ c, Co CO CO\ N O0) 001 0) CO N CI) N 11 is o0 CO CO CO 0 0 N CO a m 0) v C ' N - N c -. N o O 0 0 0 0 0 0 0 ' 0 N N Ln N CO V O 0 0 0 0 0 0 CU o E 0- 01 y o 01 ro fl CC N > a) al C1 0 m C) 0) a`) a`, v F a) C) v IL o. °- C C CC C C C C co C CO C — 7 N a) U O a) a) a) a`i CU CU 0C) U t 0. VI VI VI VI VI VI V) VI N 00 U co (a a) no to la fa fa CO CO CO 0) ,_ a1 0. 0- a > Cl_ 0. 0_ a 0- O 0_ 0_ > LL N a) a) O. 0. •— Z Z L u C C > 7 J co U U U U U_ N — _ U U U V -C u CO > C U 7077 7 7 > 7 7 C 7 y C C C 2 co co a C .L„ N ▪ '�, N t 'O 'O 'o O v a v 'CC 'O c H > > >. > x> x> x> i i .-- ` Y (1.1 2 Lai In x x = 2 L C ° LA CC O >• `- ..- o o > c > L C C 0 io c CO v C > U > �>' o > H C a; a) 0) C) N C) C) L. 2 N v > > E > > > > 4. > LL LL `� 0 0 U < 0 0 0 0 0 0 0 CO 0 D u c a) > > > v E C < < < -O - CO o C a) Q > > .,n Cy) > C C 01 H 0 0 0 m m N N a > > c c v Ka o m a 00 a c c c E L') E a a o o C v 0 0 - - a L N 0 O a .F3 C CO CO o . 'CC a CC CC CC CO— —°° C1 E u x x 3 3 3 < ~ z - z N 0 0 0 0 Z CO CO CO M M M CO V' cf N 00 O .mi .m•1 N .4 t.0 Lf1 01 01 N CO 01 0 N 0000 W 0) O CO 0 N 0 oa0 CO CO N N CO m z N o N+ N o 0 o 0 m rn ca N N m - n 0 0 „) N N N N N 000 0 0 0 N o VI ul 00 a 00 N. CO L1) N N 0 CO 00 N 0: O m N 01 LI) N N r-I aa) O1 1a00 0 0 N N CO aC) N N N V f M n• n• CC .••I .1 = N N .••1 N IC N N N I-II N � Al H ■ l CO a i u $ IV 0 _ p] L 0. Q aJ J ` C N 1 oO E 'E c J ,..1 N C a`°-. CO 'to E 000 7t 7t Vt < V) C CC `o ac) m to co to a a > ` > CO m CC v v °) v) N .-I N 'u C .0 c CO a o 7 7 C) c a a Al u- c • Li v C -I N CO co 0 a - E E m '3 . i y>. 4 C U •'7 L. �' 7 C C O C CO 0 a a) a) a) a) — C m N N to N N a) LL C C - j 7 CC CC kiL C >. .o .a a c7 c7 E E f0 al O o H en a) C J J J L L CC G co 1 p 2 S U U c > u u u u u I` C F o 2 m CC a a O 0 a -0 a a . 0. N N 7 o L) U 7 7 7 7 7 y y a) f` C a Cl. 0. 0. I a a 0. a o 2 C▪ — O O y C _� c r L L L L 0 0 - CO u x c c Y Y 0. 0 0 0 0 0 o 01 0) aCi Y Y Y Y Y co >• > co co L L Y U L L L L L La m 0 u 0 1; 0 0" - a 0 0 . 0 0 '6' :.',3 3 3 3 , __...-0-.a1 OP 1D:TL `°��R0' CERTIFICATE OF LIABILITY INSURANCE DATE 01/27DIYYYY) 01127!14 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 630-268-8200 CONTACT LiFonti Insurance Services Ltd 630-268-8222 (a/C°,No.E:tr. FAX No ): 2 E.22nd Street,Suite 317 EMAIL Lombard,IL 60148 ADDRESS: Anthony F LiFonti PRODUCER pERFO-1 CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC>I INSURED Performance Elevator INSURER A:Hartford Underwriters Ins Co Consulting LLC INSURER a:Society Insurance Co Paul Rosenberg INSURER c:Executive Risk Indemnity InsCo PO Box 464 Mequon,WI 53092 _INSURER D:Owners Insurance Co. 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 ADM W D POLICY NUMBER I(MMIDD�YI f(MM/uDD//YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY 13 UENOJ 6510 07/03/13 07/03/14 pREMiSES Ea occcurrence) $ 300,000 CLAIMS-MADE n OCCUR MED EXP(My one person) $ 1 0,000 _PERSONAL&ADV INJURY S 1,000,000 A X ,Per Elevator Aggr 13 UENOJ 6510 07/03/13 07/03/14 GENERAL AGGREGATE $ 3,000,000 GENt AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OF AGO $ 3,000,000 POLICY n FR-F 1 1 LOC Max Aggr $ 10,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ 1,000,000 ALL OWNED AUTOS BODILY INJURY(Per accident) $ 1,000,000 D X SCHEDULED AUTOS 49-654158-00 11/11/13 11/11/14 PROPERTY DAMAGE D © HIRED AUTOS 49-654158-00 11/11/13 11/11/14 (Per accident) $ 1,000,000 D X NON-OWNED AUTOS 49-654158-00 11/11/13 11/11/14 $ $ UMBRELLA(JAB _ OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1 DEDUCTIBLE - $ RETENTION $ S WORKERS COMP ENSATtON - X WCSTATU- 0TH- - AND EMPLOYERS'LIABILITY TORY LIMITS- ER B ANY PROPRIETOR/PARTNERIEXECUTIVE Y/N NIA WP 441639 07/03/13 07/03/14 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 3 1,000,000 !ryes,describe under DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT 3 1,000,000 C (Professional Liab 8171-8000 07/03/13 07/03/14 Per Claim 1,000,000 Aggregate 1,000,000 — DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) E-mail Certificate to JtJrben @ci.oshJcosh.wi. us attn: Jon Urban, CPPO General Svcs Mgr Purchasing, Facilities Maintenance & Media Services City of Oshkosh; Add'l Insd to Auto & General Liab per ISO Form 2037 City of Oshkosh, & its officers, council members, agents, employees & authorized volunteers" only if required by Written Contract CERTIFICATE HOLDER CANCELLATION OSHKOSI - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS, Attn:Jon Urben,Genr'ISvcsMgr - 215 Church Ave AUTHORIZED REPRESENTATIVE- OsBox ,WI Anthony F LiFonti / �2r �!.?...„ Oshkosh,WI 54903-1130 L y 1 ©1988-2009 ACORD RPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD