HomeMy WebLinkAboutPerformance Elevator Consulting PROFESS/ONAL SERV/CES AGREEMENT.•
ELEVA TOR MA/NTENANCE SERV/CE A GREEMENT B/D SPEC/F/CA T/ONS
PRE-QUAL/F/CA T/ONS, REV/EW AND RECOMMENDA T/ON
THIS AGREEMENT, made on the 14TH day of October, 2014, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and
PERFORMANCE ELEVATOR CONSULTING LLC, P.O. BOX 464, MEQUON, WI 53092-
0464, 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:
(Paul S, Rosenberg, President, Performance Elevator Consulting)
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 consulting services described in the
Consultant's proposal dated 10/13/2014. 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
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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 April 1 , 2015, 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
$2,200.00, 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. Cosfis 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
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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.
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In Presence of: CONSULTANT
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BY� % �rl���.��-�
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(Seal of Consultant (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
� By: ��-'�---� /��.�'�..�--.�..
1 � , L Mark A. hloff, City Manager
(Witness) _.___.�
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�� � ' �C � And: � �
(Witness) Pamela R. Ubrig, City Cler c
APPROVED: I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
--� under this contract.
✓ Cit A y
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� i�nan�ce Di c or�
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�' �: Pel'formance Post Office Box 464
Mequon,WI 53092-0464
Vo ice/Fax:262-242-3077
� � ��/'�����LLC. Mobile No:262-653-1054
E-mail:PertormElevCons@wi.rr.com
CONSULTING SERVICES PROPOSAL AND ACCEPTANCE
Performance Elevator Consulting,LLC.(Consuitant)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. 2:Maintenance Agreement
Develop a Complete Maintenance Elevator Service agreement, to be used for soliciting bids
from various elevator maintenance service providers. Other detailed services are included:
• Provide relevant elevator industry queries for your prequalification document.
• Incorporate terms and conditions to insure compliance with new elevator code
requirements effective September 1, 2014, inclutling all recordkeeping and testing.
• Provide recommendations on service type and frequency.
• Include performance standards that can be measured on an ongoing basis.
• Reduce the probability of extra charges from the elevator vendor and identify elevator
service provider's costs for labor or material excluded from the agreement.
• Post-bid consulting services to prepare a spreadsheet detailing relevant costs, to
assist in the evaluation of bids.
The new maintenance agreement will be adapted from one of Consultant's previous
agreements, taking into account the unique characteristics of the elevator equipment and
findings from the maintenance audits, and allowing early termination for performance.
Price for consulting services, as summarized above...................................................$2,200.00
No trips to Oshkosh are included with this proposal. It is stipulated that others will lead the
prequalification, bidding process and conduct site surveys with prospective bidders.
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 gy��,� ,����,�,
Paul S. Rosenberg
Name/Title President
Date Date October 13. 2014
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Terms and Canditions
Client represents thak they have legal aufihority to execute this Proposal.
This Proposal is submitted for acceptance within sixty (60) days from the date e�ecuted by us and
thereafter subject to withdrawal or change without notice.
In the event the ClienYs acceptance is in the form of a Purchase Order or other document, the
provisions, terms, and conditions of this Proposal shall govern in the even of conflict.
Consuitant warrants that it has the experience and ability to perform the Consulting Services, as
contemplated by this Proposal, and that it wil! perfarm the Consulting Services in a professinnal ar�d
competent manner, and makes no other representations and warranties, whether expressed or implied.
ConsultanYs cumulative liability, if any, to Client for any and all claims whatsoever related to the
Consulting Services or this Proposal, including, but not lii�nited to any cause of action sounding in
contract, tort, or strict liability, will nat exceed the totai amount of all consulting fees paid to Consultant
by Client under this Proposal with respect to the defective or nonconforming service.
No liability for the use, operation, management or control of the equipment is assumed by Performance
Elevator Consulting, LLC.
It is stipulated that Consultant is an independent contractor and shall not be treated as an employee of
Client for State and Federal tax or for any other purpose.
Client agrees to pay Performance Elevator Consulting, LLC progress billings due upon receipt af
invaice.
If timely payment is not made within 30 days, Consulta��t shall be entitled to a service charge of 1.5%
per month on all past due amounts, plus all costs of collection, including reasonable attorney's fees.