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HomeMy WebLinkAboutSummit Design LLC 4/10/2014 PROFESSIONAL SERVICES AGREEMENT: HVAC ENGINEERING-- SUMMIT DESIGNS, 2014 HVAC PROJECTS THIS AGREEMENT, made on the 10TH day of April, 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 "City of Oshkosh 2014 Spring/Summer Heating Projects" proposal dated 4/7/2014. 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 , 2014 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 $12,500.00, 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: 90-a ea/y 1-N (Seal of Consultant (Specify Title) if a Corporation.) / v. 4(Specify Title) 3 • CITY OF ,SHKOSH l By: / , . /� B ri� i% ,.. �c27-1 l 7, ,,� ■A j1 , C. , .M1P►: (Witness) /�-5011n M 'W°7_,- p- r C IC AS6164-4n 4--- (X•dl'(A., \Q/LI 1,t,O-Z And:` L-1(y�� G` _ jr))1, J (Witness) Pamela R. Ubrig, City Clerk / APPROVED: I hereby certify that the necess- ary provisions have been made to J � 1 pay the liability which will accrue - ,1 j itll 4ii under this contract. City Att:1w- j r'11c, )ei,r,n c\ Finance Director 4 PROPOSAL Summit Design LLC • • DATE: 4/7/2014 PROJECT: City of Oshkosh 2014 Spring/Summer Heating Projects TO: Subjects: Mr.Jon Urben CPPO 1) Boiler & Pump Replacement, City Hall; General Services Manager 2) Boiler Pump Addition, Osh Public Museum, City of Oshkosh 3) HVAC Remodel, Golf Clubhouse 215 Church Avenue 4) IT & OCMS Fan Coil/Condenser Replmnt. Oshkosh, WI 54903-1 130 HVAC Design Work Details to be done for each site: • Perform at least one site visit to collect data on the existing installation. • Document the Demo of Existing Equipment designated to be replaced. • Give details on new equipment to be installed on the site. • Draw a building and piping schematic for equipment designated for replacement. • Provide PDF drawings& specs so projects can go out to contractors for competitive bidding. • Ensure projects comply with local and state codes. • Communicate with contractor as needed during installation. • Run condensate drain line to existing mechanical room. • Work with Focus On Energy(FOE) for any rebate money that might be available for these projects&make a note on the bidding specs that require the contractor to help with FOE Grants. • Perform a final walk through visit at the completion of the project&document any out of spec findings. Work Not Included • Electrical Design. • Energy Analysis • 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 Responsibilities • Provide copies of architectural construction drawings and specifications of projects under review. • Provide all prints, copies, and reproductions required for submittals and bidding. Initials: W6744 Rogersville Road, Fond du Lac,WI 54937 Phone (920)979-5452, Email: SummitDesign @Charter.net Fees Construction Documents and Construction Administration: The fee to provide HVAC Documents and Construction Administration Services for projects as defined above is: City Hall Boiler: $5,000.00 (Five Thousand dollars and no cents). Golf Clubhouse: $3,500.00 (Three Thousand Five hundred dollars and no cents). Museum Boiler Pumps: $1,500.00 (One Thousands Five hundred dollars and no cents). IT& OCMS Condenser $2,500.00 (Two Thousands Five hundred dollars and no cents). TOTAL= $12,500.00 (Twelve Thousand Five Hundred Dollars and no cents). Additional Services: Submittal of drawings to the City or State will be an additional cost for these projects. Additional work beyond the scope of this agreement must be 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 or at the completion of projects as outline here. A bill for 90%of the fee will be invoiced after the completion of the hvac design. The 10%balance will be required at the completion of the final walk through with punch list. Payments are due within 30 days of the invoice date or a finance charge of 1%per month of the unpaid balance. I appreciate the opportunity to quote you on this project. Respectfully Submitted, Approved By: Jon Urban, General Services Manager Joel B. Clary P.E. MBA CGD • • SUMMIT DESIGN LLC '4 CERTIFICATE OF LIABILITY INSURANCE I DATE(MM/°°,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 NAME: Kayla Heacock John Volgren(3450349) PHONE 312 Main St (A C.No,Ext): 715-485-3194 FAX 888-838-5464 E-MAIL (Arc,No): ADDRESS: kayla.ivolgrenAfarmersagency.com Balsam Lake INSURER(S)AFFORDING COVERAGE NAIC# WI 54810-7262 INSURER A: Truck Insurance Exchange INSURED - 21709 INSURER B: Farmers Insurance Exchange 21652 SUMMIT DESIGN LLC INSURER C: Mid Century Insurance Company W6744 ROGERSVILLE RD 21687 INSURER D: INSURER E: FOND DU LAC WI 54937 COVERAGES INSURER F: 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 ADDL SUBR LTR TYPE OF INSURANCE INSR wvo POLICY NUMBER POLICY EFF POLICY EXP GENERAL LIABILITY (MM/DD/YYY`() (MM/DD/YYYY) LIMITS EACH OCCURRENCE $ 1,000,000 NT In COMMERCIAL GENERAL LIABILITY PROMISES Ea occurrence $ 100,000 C : X MED EXP(Any one person) $ 5,000 605478518 08/15/2013 08/15/2014 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY $ COMBINED SINGLE LIMIT ©ANY AUTO Ea accident 1,000,000 ALL OWNED SCHEDULED BODILY INJURY(Per person) $ B ■ALTOS SCHED X 605478518 11/11/2013 11/11/2014 BODILY INJURY(Per accident) $ III AUTOS NON-OWNED AUTOS PROPERTY DAMAGE $ Per accident I UMBRELLA LIAR OCCUR $ III LIAB EACH OCCURRENCE $ ■ CLAIMS-MADE AGGREGATE $ DED RETENTION$ WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY I WC STATU- OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N TORY LIMITS I I ER OFFICER/MEMBER EXCLUDED? I N/A E.L.EACH ACCIDENT $ (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYE: $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 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 I City of Oshkosh,Attn:City Clerk 215 Church Ave,PO Box 1130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 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