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HomeMy WebLinkAboutSummit Designs/HVAC for Transit ' e ��,���i��'���►� PROFESS/ONAL SERV/CES AGREEMENT• SUMM/T DES/GNS HVAC ENG/NEER/NG SERV/CES FOR TRANS/T BUS PARK/NG/MELT OFFAREA & BUS PARK/NG AREA HVAC/MPROVEMENTS THIS AGREEMENT, made on the zsr"day of November, 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 Transit Garage Design" proposal dated 1 1/25/14. If anything in the Consultant's proposal conflicts with this agreement, the provisions in this agreement shall govem. ��I 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 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 $6,500.00, 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 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 as the City of Oshkosh's Professional Services Insurance Requirements as 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. 3 in the Presence of: CONSULTANT By: C���� � �- (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: ��'-''"_,'��°��� � �Lt�` � ,G�� Mark A. Rohloff, City Manager ( itness) ___._ _ �. � R /, < __ _ �,�, And:` _ .� �`�,��- � ('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 under this contract. City to e ::��-� .��-r� Finance Director 4 � �i PROPOSAL Sumtpit �esiq�n�LLC DATE: 1 1/Z5/2014 PROJECT: Oshkosh Transit Garage Design 926 Dempsey Trail, Oshkosh, WI 54902 TO: Subject: Mr.Jon Urben CPPO Replacement of the existing HVAC heating General Services Manager and make up air system for the Bus 42h Floor Parking/Melt off Area & Bus Repair Area. City of Oshkosh 21 5 Church Avenue Oshkosh, WI 54903-1 130 HVAC Desi�n & Scope of Work For: • Perform two site visits to collect data and pictures on existing system with help of Transit maintenance staff. � Collect organize info to help direct replacement of MUA and Heating Equipment via drawings and pictures as deemed necessary. • Replace Existing Exhaust fans to meet the 0.75 cfm/sqft of floor area. • Provide PDF files drawings and specifications on drawings for work to be done. • Ensure project complies with local and state codes and submit drawings to the City Inspection Department for contractor permitting purposes. • Coordinate a Walk Through meeting with local contractors • Oversee Project installation and make sure project is installed per hvac plan. • Fill out paperwork for any Focus and/or WPS grant money if available. � Consult with contractor as needed during installation. • Make at least 1 site inspections to ensure project is being installed properly. • Perform a final walk through visit at the completion of project and give building owner a report on my findings of this final walk through. Work Not Included • Domestic Plumbing Design • Electrical Design. • Design of Sprinkler and Fire Alarm System. � Fees required for State/Local review of plans and fees required for Permits. Initials: � W6744 Roqersville Road, Fond du Lac WI 54937 Phone (920) 979-5452, Email SummitDesign@Charter.net � � . . Citv of Oshkosh General Services Denartment Resnonsibilities • 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. 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 Design and Final Punch List Report @ 926 Dempsey Trail, Oshkosh, Wisconsin. $6,500.00 (Six Thousand Five Hundred Dollars and No Cents ). Additional Services: Submittal of drawings to the City will be at no additional cost for this project. Additional work beyond the scope of this agreement must be approved by City of Oshkosh/Transit Garage management 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 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 walk through punch list. Payments are due within 30 days of the invoice date or a finance charge of 1%per month will be charged of the unpaid balance. I appreciate the opportunity to quote you on this project. Respectfully Submitted, Approved By: e��.,,.`��.. "-�'-��-�-. - /�� Joel B. Clary P.E. MBA CGD Jon Urban CPPO ' General Service Manager SUMMIT DESIGN LLC Page 2