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Home My WebLink AboutDesignwise/Oshkosh Convention Center PROFESS/ONAL SERV/CES AGREEMENT.• /NTER/OR DES/GN SERV/CES FOR OSHKOSH CONVENT/ON CENTER THIS AGREEMENT, made on the ,oT"day of December, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and DESIGNWISE, 1793 Buerkle Circle, White Bear Lake, MN 551 10, 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: (Amy Roberts, DesignWise) 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 interior design services described in the Consultant's "Interior Design Services, Oshkosh Convention Center" proposal dated 1 1/19/14 and attached as Exhibit A. 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 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 $6,320.00, 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 as the City of Oshkosh's Professional Services Insurance Requirements as a separate document. The consultant's certificate of insurance for this project is attached as Exhibit B. 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: CONSULTAN By; � �� (Seal of Consultant (Specify Titl if a Corporation.) By: (Specify Title) ��S CITY OF OSHKOSH l �/ �/� { BY� /`I� -"�_.�—`_ ' ,- �fi Mark A. Rohloff, City Manager (Wi ness) U � � And: (Witness) . , �n�elc; �_ e�� Il � e �� C,��l� APPROVED: I hereby certify that the necess- � ary provisions have been made to � �1� � pay the liability which will accrue 'yJ � ;�'l,(J��'-^- ' under this contract. ity Attorney �n4Xi('i rn Finance Director 4 �X�1� � � - �� , � � _ � �, �� ,� 1793 Buerkle Circle � White Bear Lake, MN 551 10 �'� , ` ,�' � '� � P 651-481-9027 � F 651-481-9088 � �� ' � '''" www.desi nwiseinteriors.com 9 November 19, 2014 Mr.Jon Uxben, CPPO General Services ManageY Purchasing, Facilities,Maintenance&Media Services City of Oshkosh 215 Chuxch Avenue Oshkosh,WI 54903 RE: InterioY Design Services, Oshkosh Convenrion Centex Dear Jon: DesignWise thanks you for the opportunity to submit our proposal for Interior Design Services on the above-mentioned project. Our proposal is based upon the pxeliminary project infoYmation that we currently have in our office. Phase 1 Sco�e of Services: • Carpet design recommendations fox all ballroom areas (including north and west breakout axeas); • Carpet design recommendations for all pre-function areas and hallways; • Wall treatment design xecommendations fox all non-movable wall areas within ballroom to include wall sconces,painted trun,painted walls,plants,art pieces,furnitute and/or other design elements to compliment; • Wall treatment design xecommendations fox all pxe-function entrances/hallways to include any wall sconces,painted trim and painted walls,plants,art pieces,fui7uture and/or other design elements to compliment; • Services would include several pro�ess meetings with City/hotel reps to xeview and/or finalize plan elements,xecommendations and considerations; • Final plan would be a haxd copy in colox showing all areas bxoken out as listed above (including blueprints); • Final plan would include ballpark budget estimates for each area; • Final plan would include selected 3D samples for each design element on hard board(e.g.-carpet tile,wall treatments,paint colors,etc.); • Final plan would include recommended installation priorities (i.e.-the order of elements to be installed). Interior Design Fee: Not to exceed$6,320.00 PAGE 1 OF 2 We appreciate your interest in ouY company and look forward to woxking with you on this project and others in the future. If you find our proposal acceptable,please sign/date and email a copy to us. If you have any questions,please feel free to call me at 612-508-3838. Sincerely, Amy Roberts Project Managex Si�nature: Pxint: Tide: Date: PAGE 2 OF 2 � DESIGNWISE- FEE CALCULATION OSHKOSH CONVENTION CENTER-PROFESSIONAL SERVICES 10/20/2014 11/11/2014 11/19/2014 HOURLY ESTIMATE LABOR RATE Projected Projected Phase Code % Factor Labor Hours Cost Est. Project Review-Team Meeting 1 2.00% 4 $, ;��400;00' Schematic Design Take Offs-Counting 2 2.00% 2 $��100:00 CD- Preliminary Plans &Elevations 3 3.00% 6 � $��,��300,00' Design Development Design -Selections 4 10.00% 20 '$,, `:-2,000;00 Designer Client Meetings 5 2.00% 4 ��$ ��s��,�320,00" Construction Documents CD- Final Plans & Elevations 6 4.00% 6 ��$ ;�n?�w30Q00_ Pricing 7 4.00% 4 $�<��200:00 Bid Information 8 5.00% 4 $ _� ��=�200:00 Exhibit A 9 9.00% � 4 $�"��200:00�� Specifications 10 9.00% 10 ;$ �`�.�500,00� OWNER APPROVAL Procurement Shop Drawings 11 2.00% 0 ��$�-.��_�,�=�� Purchasin List- FFE 12 9.00% 0 $� ,�t�� .=��v Purchasing List-OSE 12 0.00% 0 $��,��:''� Value Engineering- Re-Selections 13 3.00% 0 :$��`��'�a��'�� QA-Quality Assurance 14 3.00% 4 $£, �_':`=�400°,00 TRANSITION TO PROJ MNGR ' Project Observation Change Orders 15 3.00% 0 ��$ �� - - Site Visits 16 5.00% 0 ;$ ��"�=x��r, �;° Correspondence 17 2,00% 0 ��$ ��,�:�� =�� Reconciliation � 18 � 2.00% 0 ��$>��z�=��:� '�� Other- Design 19 1.00% 0 �$,�`��.e,� ��'�� Administrative- Purchasing/Tracking 5% 20 5.00% 0 $A��=�� Administrative- Project Management 15% 20 15.00% 14 `;:$�'��1;400:00 100.00% 82.00 Y�.$6,320,00� NoT ro DESIGN FEE EXCEED HOURS �X��r�- � � ,4co� CERTIFICATE OF LIABILITY INSURANCE DATE�MM/DDM'YY) � ii�2i�2oi4 . 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 M3L DOb1E NAME: Y SMA Insurance PHONE , (320)251-3154 FAx A/C No:(320)251-1957 216 Park Ave S Ste 101 ADpR�E :maryd@smamn.com INSURER S)AFFORDING COVERAGE NAIC# St. Cloud MN 56301 INSURERA:WE3t Bend Mutual INSURED INSURER B: DesignWise, IS1C. INSURERC: 1793 Buerkle Circle INSURERD: INSURER E: Whi te Bear Lake MN S S 11 O INSURER F: COVERAGES CERTIFICATE NUMBER:14-15 GL CA WC uM 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 POLICY EFF POLICY EXP �TR TYPE OF INSURANCE POLICY NUMBER MM/DD MMIDD/YYYY L�MIT5 GENERAL LIABILITY EACH OCCURRENCE $ 1,OOO�OOO X COMMERCIAL GENERAL LIABILITY DAMAGE T RENTED PREMISES Ea occurrence S 200�000 A CLAIMS-MADE �OCCUR P0075541908 �1/2014 /1/2015 MED EXP(Any one person) $ 10��0 PERSONAL&ADV INJURY a 1�OOO�OOO GENERAL AGGREGATE $ 2�OOO�OOO GEN'L AGGREGATE�IMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2�OOO�OOO POLICY X PRa LOC 3 AUTOMOBILE LIABILITY EOM�BI�N�eDtSINGLE LIMIT j OOO OOO A X ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED P0075541908 /1/2014 /1/2015 AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS Peraccident a Underinsured motorist $ 1 000 000 X UMBRELLA LIAB OCCUR � EACH OCCURRENCE $ 1�OOO�OOO A EXCESSLJAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ U0075542008 /1/2014 /1/2015 $ ,� WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y�N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACHACCIDENT 5 ZOO OOO OFFICER/MEMBER EXCLUDED7 � N�A (Mandatory in NH) C0075542108 /1/2014 /1/2015 E.L.DISEASE-EA EMPLOYE $ 1 OO OOO If yes,descnbe under � DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 5OO OOO DESCRIPTION OF OPERA710NS/LOCATIONS/VEHICLES (Attach ACORD 101,Additlonal Remarks Schedule,if more space is required) City of Oshkosh is included as Additional Insured per contract on a Primary Non Contributory basis. A 30 Day Notice of Cancellation also applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN C].ty Of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 1130 Oshkosh� WI 54903-1130 AUTHORIZEDREPRESENTAi1VE Shawn Flavin/MJD ACORD 25(2010/05) O 1988-2010 ACORD CORPORATION. All rights reserved. INS025 r�mnnsi n� TF�n A(:(1RIl n�mo anrl Innn�re rnnie}orcrl m�rlre nf Af:(1R�1