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HomeMy WebLinkAboutCottrell Design, Inc 4/11/2014 PROFESSIONAL SERVICES AGREEMENT: ELECTRICAL ENGINEERING—COTTRELL DESIGN, INC., CITY HALL EMERGENCY GENERATOR REPLACEMENT 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 COTTRELL DESIGN INC., 1500 TEMPLE MORE LANE, GREEN BAY, WI. 54313, 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 E. Cottrell, President— Cottrell Design, Inc.) 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 "New 100 KW Emergency Generator Installation" proposal dated 4/7/2014. If anything in the Consultant's proposal conflicts with this agreement, the provisions in this agreement shall govern. 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 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 $5,200, 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 2 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 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 i, - - ��1i� PAZ -r i 66: (Seal of Consultant (Spe -) if a Corporation.) 4117r—Alr 1/�-r,06..c (Specify Title) 3 • CITY OF ►- HKOSH By: ir_ •.��i %, ►, _ �I .. 4% (Witness) Zhh rF14zp-h^ic.J4, "rS% Ei• Marlald fro e And: ' / S (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue Ail ■■■∎∎∎,/ !.� under this contract. City A - -y ca bra Finance Director 4 • Cottrell Design Inc. 1500 Temple More Ln Since 1997 Green Bay,WI 54313 April 7,2014 Mr. Jon Urben, CPPO General Services Manager Purchasing, facilities Maintenance & Media Services City of Oshkosh 215 Church Avenue Oshkosh,WI 54903-1130 Re; New 100 KW Emergency Generator Installation, City of Oshkosh City Hall, Oshkosh, WI (Revised Proposal) Dear Jon: Cottrell Design,Inc. thanks you for the opportunity to submit our proposal for electrical design on the above-mentioned project. Our proposal is based upon the preliminary project information we currently have in our office. Electrical Design-Development Phase: • Perform (1) initial site visit to examine existing electrical distribution equipment and process of operations for the utility company and buildings emergency electrical distribution. • Provide preliminary electrical design documents consisting of electrical plans and specifications for review/approval by you and your staff. Electrical Construction Documents and Bidding Phase: • Provide complete electrical plans, riser diagrams and specifications to be distributed to electrical contractors for bidding purposes. • Assist the owner with preparing the advertising for soliciting bid prices from accepted electrical contractors. • Coordinate with Focus On Energy(FOE) to explore/identify energy saving measures which may include the selection and specification of FOE approved equipment and if owner approves such equipment be specified, complete any FOE documentation prior to project close out. • If necessary, coordinate prevailing wage application/determination with State of Wisconsin. • Perform a per-bid site meeting/walk through with interested electrical contractors bidding on project. • Answering electrical bid questions from electrical contractors. • Assist owner in analysis of received contractor bid prices and recommendation for award. Electrical Construction Administration Phase: (920)490.9415•(920)819-1075(Cell)•cottrelldesign @new.rr.com • Review/approve electrical shop drawings. • Cottrell Design,Inc. will conduct a project start up meeting to review the project and owners requirements and conditions. • Perform (1) Intermittent site visit to examine progress of electrical installation. • Provide (1) final site visit for performing electrical item punch list. Electrical design not to exceed fee...$5,200.00 Fee for additional project meetings...$450.00 Fee for additional site visits...$450.00 Fee for additional printing of electrical construction document sets...Invoiced as charged from plotting service company. We appreciate your interest in our company and look forward to working with you on this project and others in the future. If you find our proposal acceptable, please sign/date and mail/e-mail a copy to us. If you have any questions, please contact us at 920-490-9415. Sincerely, Bruce E. Cottrell President (920)490.9415•(920)819-1075(Cell) •cottrelldesign @new.rr.com 1' cto A CORCP CERTIFICATE OF LIABILITY INSURANCE DAT�z��zo"4') 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 1-800-527-9049 CONTACT Holmes Murphy & Assoc - WI PH PHONE E FAX IA/C.No.Ext): (A/C,No): 10 E. Doty Street, Suite 800 E-MAIL ADDRESS: Madison, WI 53703 INSURER(S)AFFORDINGCOVERAGE NAIC# Paula Dixon INSURER A: ARGONAUT INS CO 19801 INSURED INSURER B: Cottrell Design, Inc. INSURER C: 1500 Temple More Lane INSURERD: Green Bay, WI 54313 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 38904143 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 END POLICY NUMBER POLICY EFF POLICY EXP (MM/DD/YYYY) (MMIDD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE _ $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE _ $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG_ $ 7 POLICY JE- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) _ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED — — AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS _ 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 E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability IAE12568-01 02/05/14 02/05/15 Each Claim 1,000,000 Claims Made Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing, Facilities Maintenance, & Media Services ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Mr. Jon Urben 215 Church Avenue AUTHORIZED REPRESENTATIVE Oshkosh, WI 54903-1130 �lJG![Qo7lJ//Gv� USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD rjustwi 38904143 P520)3)20002 Holmes Murphy&Assoc-WI ' 10 E. Doty Street, Suite 800 Madison, WI 53703 2111403243327 Electronic Service Requested E B I X B P O r1 3-DIGIT 549 13813 0.5234 AT 0.403 I"III"I'III'III�IIIIIIII'II"III�IIIIIiII11InII�IIIIIlII1�IlIl �„ City of Oshkosh ?o 40 PURCHASING, FACILITIES MAINTENANCE, & ME 215 CHURCH AVENUE OSHKOSH, WI 54901-4747 We hope you find this document satisfactory. If you have any questions regarding the content of this certificate, please contact Holmes, Murphy & Associates or the Insured, both are listed on the certificate of insurance.- NOTICE: This communication is not encrypted and may contain privileged or other confidential information. If you are not the intended recipient or believe that you may have received this communication in error, please reply to the sender indicating that fact and delete the copy you received. In addition, you should not print, copy, retransmit, disseminate or otherwise use this information. Thank you.- cc: The data included in this notice and in the attached document is confidential to Ebix BPO and the party responsible for bringing you this information. Certificate Delivery by CertificatesNow-www.ConfirmNet.com-877.669.8600