HomeMy WebLinkAboutSummit Design 10/15/2014 � '
PROFESS/ONAL SERV/CES AGREEMENT.•
SUMM/T DES/GNS, HVAC ENG/NEER/NG ASSESSMENT OF TRANS/T GARAGE
THIS AGREEMENT, made on the 15TH day of October, 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:
(Jim Collins- Director of Transportation)
ARTICLE III. SCOPE OF WORK
The Consultant shall provide the engineering services described in the
Consultant's "Oshkosh Transit Garage Investigation" proposal dated 8/4/2014. 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 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
55,500.00, 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
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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 the Presence of: CONSULTANT
By:
!u-�� ,
(Seal of Consultant (Specify ' le)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By: .�7��-. i�i-��'��'"
� Mark A. Rohloff, City Manag r
(Wi ness) __--
s �—�
��iU �� � And: -
�
( itness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
City � ey
��o�•�m
Finance Director
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� �
PROPOSAL
Summ�t besign LLC
DATE: 8/4/Z014 PROIECT: Oshkosh Transit Garage Investigation
926 Dempsey Trail, Oshkosh, WI 54902
TO: Subject:
Mr. )on Urben Evaluate the present HVAC System(s) for
Director of General Services proper function and longevity.
4`h Floor
City of Oshkosh
21 5 Church Avenue
Oshkosh, WI 54903-1 130
HVAC Investi�ation Work:
• Summit is to perform an HVAC Load calculation for each of the Transit Bus Building Zones.
• Evaluate the age of the systems and components to determine how much useful life they have
left based off of ASHRAE equipment life standards.
• Evaluate equipment replacement vs rebuilding what makes more sense.
• Look at ductwork and air flow conditions and determine if they meet present-day code
requirements.
• At the end, the final evaluation will be through a written report that will note the findings of the
cooling, heating, age and potential airflow issues at the site. In this report, Summit will give a
recommendation on what needs to be done to make the existing systems better in regards to
overall, reliability, efficiency and airflows to give the space a better temperature control.
Work Not Included
• HVAC, Plumbing or Electrical Design
• 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 for use by Engineer and
the Subcontractor.
• Provide all prints, copies, and reproductions required for submittals and bidding.
• Give Summit Access to the mechanical rooms, garage floors and office space for system
evaluation.
Initials:
� W6744 Roqersville 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 Evaluation Services for the City of Oshkosh Transit Garage as defined
above is:
_ Transit Garage Evaluation and Report @ 926 Dempsey Trail, Oshkosh, Wisconsin.
Price not to exceed$5,500.00 (Five 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 project phases as outline here. A bill for 80%of
the fee will be invoiced after the completion of the hvac design. The 20%balance will be 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 1%per month of the unpaid balance.
I appreciate the opportunity to quote you on this project.
Respectfully Submitted,
Approved By:
��'_°-�C? ���`..
Joel B. Clary P.E. MBA CGD Jon Urban, Director of Gen. Services
SUMMIT DESIGN LLC
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