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HomeMy WebLinkAboutSummit Design LLC 2/17/2014 PROFESSIONAL SERVICES AGREEMENT: HVAC ENGINEERING-- SUMMIT DESIGNS, OPM HUMIDIFIER ADDITIONS THIS AGREEMENT, made on the 17th day of February, 2014, 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 Humidifier Addition" proposal dated 2/18/14. 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 $100.00, 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 Presence of: CONSULTANT By: 91/-4 e62457 ik (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) 3 CITY OF OSHKOSH /_ i �� Mark A. Rohloff City Manager /����1,1; _/1/.�27iG l Y 9 (Witness) / __ ,./) /I T/ (1, fi t u.�c And: OW _ 1 _ ti , -') ki ( 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 _I�,1 fir IN 0 under this contract. ity A‘ -y di(LI"g6 Ak/C)1/4+ Finance Dir tore Assi6ittiti- Ct "1 V z ' FLOE % OF CITE c & 4 . . PROPOSAL • • DATE: 7/18/2013 PROWL U : Oshkosh Museum Remodel Subject:TO: Mr. Jon Urben CPPO Coordinate the installation of 4 General Services Manager humidifiers to give the museum's City of Oshkosh environment consistent air 2 l 5 Church Avenue humidification. Oshkosh, WI 54903-1130 HVAC Humidifier Installation Coordination: • Evaluate the Mechanical Rooms & Museum environment for the installation of 4 humidifiers. • Goal is to get constant humidification of the space. trying to reach 50 to 55°/a Relative Humidity. • Summit will nol he responsible for any mold or humidity damage to the space or artifacts that may occur at the 55% relative humidity level. • The space humidity requirement has been calculated based off of 18% fresh air and 10`000c{ n of supply air given ideal building conditions, A disclaimer must he made stating that since the Museum does not have a structure vapor barrier on xulls and ceilings. the actual goal of 55% may not be able to be achieved year round. • A second note, the amount of open wall space is limited in each air handling unit's mechanical room, and installing humidifiers larger than the two 404/bruni\s for AC-land two 40 #8)r units lhr MZ-1 is not physically possible. • All electrical work will be done by the City Electricians and all control work will be contracted directly with 6Ci3and will he billed directly to the city. • The city is going out for bids for the conversion of the two exiting 304/hr units to 404/hr humidifiers. This bid 1A,ill also include the installation of two ne 40#/11r humidifiers piped to fresh city water and sanitary drain. • Summit will conduct a walk through for the bidding contractors. • At the end of the project, Summit will conduct a final walk through where an evaluation will be made on the new humidifier installations and make sure the installation meets manufacturers and state code installation requirements, Work Not Included • Plumbing or Electrical Design 4, 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 RcsDonsibilitics • Provide copies of architectural construction drawings and specifications for use by the Subcontractors • Provide all prin{m, copies, and reproductions required for submittals and bidding. • VV5744Rpg���|k� Road. FongduLac� VV|54837 • Phone(920) 979-5452. Email SumminJeaxJn@Chartecnet Fees Construction Documents and Construction Administration: The fee to provide 11VAC Coordination/Design Services for the City of Oshkosh Museum as defined above: Museum HVAC Humidifier Design/Installation coordination; $100 (One Hundred Dollars and No Cents). Additional Services: Submittal of dravvings to the City or State will be an additional cost for these projects. Additional work beyond the scope of this agreement must he 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 he 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 I% per month of the unpaid balance. I appreciate the opportunity to quote you on this project. Respectfully Submitted. 9&e,e _ c04 Approved By: Joel B. Clary P.E. MBA CGD Jon Urban. General Services Manager • • SUMMIT DESIGN LLC Page 2 • Aco® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �.- 02/03/2014 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 Kayla Heacock John Volgren(3450349) (a/c°,No,ExtI: 715-485-3194 (AA/C,No): 888-838-5464 312 Main St ADDRESS: kayla.jvolgren(a)_farmersagency.com INSURER(S)AFFORDING COVERAGE NAIC# Balsam Lake WI 54810-7262 INSURER A: Truck Insurance Exchange 21709 INSURED INSURER B: Farmers Insurance Exchange 21652 SUMMIT DESIGN LLC INSURERC: Mid Century Insurance Company 21687 W6744 ROGERSVILLE RD INSURER D: INSURER E: FOND DU LAC WI 54937 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 ADDL SUBR POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PR TO RENTED PREMISES l(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 C X 605478518 08/15/2013 08/15/2014 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 .1EC°T LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS )X 605478518 11/11/2013 11/11/2014 BODILY INJURY(Per accident $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If DESCRIPTION RIPTION under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Additional Insureds on the Commercial Liability and Automobile Liability arising out of project work shall be the City of Oshkosh and it's 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh,Attn:City Clerk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 Church Ave,PO Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh WI 54901 AUTHORIZED REPRESENTATIVE John Volgren ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EVIDENCE OF INSURANCE -MECHANICAL ENGINEERS PROFESSIONAL LIABILITY INSURANCE POLICYHOLDER-ISSUED TO THE POLICY NO. NAC 1195 AMERICAN SOCIETY OF MECHANICAL ENGINEERS EVIDENCE NO. 3000683 ITEM 1: NAMED INSURED: EFFECTED WITH Summit Design,LLC UNDERWRITERS AT LLOYD S OF LONDON (NOT INCORPORATED) ITEM 2: MAILING ADDRESS OF NAMED INSURED: LLOYD S ILLINOIS,INC. W6744 Rogersville Road 181 WEST MADISON STREET Fond du Lac WI 54937 SUITE 3870 CHICAGO,IL 60602-4541 ITEM 3: COVERAGE PERIOD: BOTH DAYS AT 12:01 A.M. LOCAL STANDARD TIME AT INCEPTION: 02/01/2014 EXPIRATION: 02/01/2015 THE MEMBERS MAILING ADDRESS ITEM 4: NAMED INSURED S PROFESSIONAL SERVICES: MECHANICAL ENGINEERING ITEM 5: RETROACTIVE DATE: 02/01/2009 ITEM 6: LIMIT OF LIABILITY: A) LIMIT IN ALL (INCLUDING COSTS, $ 1,000,000 CHARGES AND EXPENSES)IN RESPECT OF EACH CLAIM B) LIMIT IN THE AGGREGATE (INCLUDING $ 1,000,000 COSTS,CHARGES AND EXPENSES)FOR EACH ANNUAL PERIOD ITEM 7: DEDUCTIBLE EACH CLAIM: $ 5,000 ITEM 8: TOTAL PREMIUM: $ 1,632 ITEM 9: ENDORSEMENTS AT COVERAGE PERIOD INCEPTION DATE: AIF2332(08/13) N.M.A.1256 N.M.A.1477 AIF2657 (10/05) AIF2332B(12/97) AIF2332V(08/10) THIS DOCUMENT(EVIDENCE OF INSURANCE) IS ISSUED AS NOTICE OF INSURANCE FOR INFORMATION ONLY. IT DOES NOT CONSTITUTE A LEGAL CONTRACT OF INSURANCE. THE MASTER POLICY AND THE APPLICATION OF THE INSURED, IF ANY, FORM THE ENTIRE CONTRACT. THIS EVIDENCE WHICH IS FURNISHED IN ACCORDANCE WITH,AND IN ALL RESPECTS IS SUBJECT TO,THE TERMS OF THE MASTER POLICY,A COPY OF WHICH IS ATTACHED HERETO FOR INFORMATION PURPOSES ONLY AND REPLACES ANY OTHER EVIDENCE PREVIOUSLY ISSUED COVERING TilE INSURANCE DESCRIBED HEREIN. AIF 2332 EVI (08/06)