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PROFESS/ONAL SERV/CES AGREEMENT.-
ARCH/TECTURAL/ENG/NEER/NG SERV/CES FOR SALL Y PORT ROOF
REPLACEMENT AT OSHKOSH SAFETY BU/LD/NG
THIS AGREEMENT, made on the 4T" day of September, 2015, by and between
the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and
SPECIALITY ENGINEERING GROUP LLC (SEG) 122 E. OLIN AVENUE, SUITE 190,
MADISON, WI 53713, 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 Flater, SEG)
B. Changes in Project Managere 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 "Proposal for Roof Design Services 2016 Roof Replacement Project
Oshkosh Police Safety Building, Roof Area 5" dated 9/2/15 and attached as Exhibit A.
If anything in the Consultant's proposal conflicts with this agreement, the provisions in
this agreement shall govern,
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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 July 1, 2016 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
S 11,400, 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
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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
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.
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In the Presence of:
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(Seal of Consultant
if a Corporation.)
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(Witn s)
(Witness)
APPROVED:
,.
City At n y
CONSULTANT
By: �
� � r1 e �6'Gc � /''LG�r'�.c�c,(� ,�
(Specify Title)
:
(Specify Title)
CITY OF OSHKOSH
BY � ��ir��.-li
Mark A. ohloff, City Manager
. ___
And: �
Pamela R. Ubrig, City Clerk
I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
under this contract.
�A ��r"�
Finance Director
�
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September 2, 2015
Mr. Jon Urben
Director of General Services
City of Oshkosh
215 Church Street PO Box 1130
Oshkosh, WI 54903-1130
Re: Proposal for Roof Design Services
2016 Roof Replacement Project
Oshkosh Police Safety Building, Roof Area 5
Dear Mr. Urben:
�--/��'f� 0 � �
electronic only — no hard copy to follow
jurben(a�ci.oshkosh.wi.us
Pursuant to your request, Specialty Engineering Group LLC, hereinafter referred to as STR-SEG, is
pleased to submit the following proposal to the City of Oshkosh, herein after referred to as Owner, for
the roof system replacement of Roof Area 5 on the Oshkosh Police Safety Building located at 420
Jackson Street in Oshkosh, Wisconsin. This proposal includes project design development, preparation
of construction documents, and construction administration.
STR-SEG proposes the foilowing scope of services:
DESIGN DEVELOPMENT
• STR-SEG will review the Owner's requirements and related information including, but not
limited to, schedule, budget, service life expectations, warranties, history, building usage,
contractor preferences, and contractor insurance requirements.
• STR-SEG will conduct a pre-design survey of the subject roof and wall areas to evaluate
existing conditions. Based on the survey, recommendations will be made on the scope of work
required along with options and opinions of probable cost.
• STR-SEG wili meet with the Owner for a final review to discuss the recommendations and
opinion of probable cost as they relate to the Owner's objectives prior to the start of design.
CONSTRUCTION DOCUMENTS and BIDDING
• STR-SEG will prepare a Specification Package from the data obtained during the pre-design
survey. The specifications will outline the components included in the design. The package will
include a roof plan and roofing details along with information on proper methods of application
for each component of the roof system. It will be prepared to promote competitive bidding by
qualified contractors using STR-SEG-acceptable products, resuiting in a manufacturer's
warranty.
• STR-SEG wiil assist the Owner in preparing the advertisement from which to solicit bids.
• If required, a Pre-bid Meeting will be held at the job site. SEG will attend the Pre-bid Meeting
to answer bidder questions and make clarifications for equivalent competitive bids.
• STR-SEG will assist in the analysis of the bids.
CONTRACT ADMINISTRATION
• STR-SEG wiii provide contract administration services commencing at project award. These
services will include:
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Mr. John Urben
Project# 5294
September 2, 2015
Page 2 of 2
o Review of shop drawings, submittals and change orders.
o Review of permits and licensing.
o Review of the contractor's application for payment and change orders.
o Review of contractor warranties and project closeout documentation.
STR-SEG will conduct a Project Start-up Meeting to review the project and Owner
requirements and conditions.
• A qualified representative of STR-SEG will make periodic site visits at various times during
construction to observe the quality and progress of the work and will apprise the Owner of
construction activities and issues that may arise.
• STR-SEG will prepare a punch list of deficient or outstanding items at substantial completion.
Upon notification by the contractor that the project is complete we will conduct a final review of
the compieted work prior to acceptance.
PROFESSONALFEES
Compensation for professional services, described above and pursuant to the attached STR-SEG
General Conditions shall be the lump sum fee of Eleven Thousand Four Hundred Dollars
($11,400.00). Invoicing shall be provided as follows:
• 30% of the total fee upon completion of Design Development.
• 40% of the total fee upon completion of Construction Documents and Bidding.
• 30% due upon completion of project closeout.
Reimbursable expenses are in addition to fees for professional services and represent STR-SEG's
out-of-pocket expenses made in the interest of the project not included in the base fee per the
attached General Conditions. They will be invoiced at cost.
AUTHORIZATION
STR-SEG will proceed based on your written acceptance. Please sign and return the Authorization
page along with a purchase order, if appiicable. Upon receipt, we will schedule the work.
Should you have any questions regarding this proposal, please do not hesitate to calf. We
appreciate this opportunity to serve you and look forward to working with you on this project.
Yours truly,
Speciaity Engineering Group LLC
�- 9-�.��,----�-�-_ �
John Hoenick
Account Manager
Cc: Terry Smith, City of Oshkosh
Bruce Flater, PM; STR-SEG
Russ Mohns, P.E.; STR-SEG
A C C E P T E D
City of Oshkosh
Oshkosh, Wisconsin
By:
Title:
Date:
GENERAL CONDITIONS TO THE CONTRACT
1. PARTIES AND SCOPE OF WORK; Specialty Engineering Group, LLC (herein after referred to
as SEG) shall include said company, and its subcontractors performing the work. "Work"
means the specific SEG services as set forth in the proposal. Unless otherwise stated in
writing, the Client assumes sole responsibility for determining whether the quantity and the
nature of the work ordered by the Client is adequate and sufficient for the Client's
intended purpose. The authorization of the work by the Client shall constitute acceptance
of the terms of the proposal and these General Conditions.
2. TESTING: Any necessary testing of existing or newly installed materials shall be done outside
of the accepted proposal terms and the costs of these tests will be born by the Client.
3, SCHEDULING OF WORK: The services set forth in the proposal will be accomplished in a
timely, workmanlike and professional manner by SEG personnel as per the prices quoted.
4, ACCESS TO SITE: Client will arrange and provide such access to the sites as is necessary for
SEG to perform the work.
5. RESPONSIBILITY: SEG's work shall not include determining, supervising or implementing the
means, methods, techniques, sequences or procedures of construction, SEG shall not be
responsible for evaluating, reporting or affecting job conditions concerning health, safety
or welfare. SEG's work or failure to perform same shall not In any way excuse any
contractor, subcontractor or supplier from performance of its work in accordance with the
contract documents.
b, PAYMENT: Client shall be invoiced for work performed to date as outlined in the proposal.
Client agrees to pay each invoice within thirty (30) days of receipt. Payment made
beyond this period shall be subject to interest at Prime Rate plus 5% APR.
7. TERMINATION; This Agreement may be terminated by either party upon seven day's prior
written notice. In the event of termination, Client shall compensate SEG for all services
performed up to and including the termination date, including reimbursable expenses,
8, SERVICES; SEG's services will be performed and documents prepared in accordance with
its proposal, Client's acceptance thereof, these General Conditions, and with generally
accepted principles and practices in performing its professional services. SEG will use that
degree of care and skill ordinarily exercised under similar circumstances by members of its
professions. Statements made in SEG's reports are opinions based upon professional
judgment and are not to be construed as representations of fact.
9. LIMITS OF LIABILITY: The Client agrees that the total liability of SEG for any claims arising out
of services performed under this Agreement shall be limited to a maximum of the net fee
received by SEG, exclusive of reimbursable expenses, consultants' fees and expenses.
10. PROVISIONS SEVERABLE: In the event any of the provisions of these general conditions
should be found to be unenforceable it shall be stricken and the remaining provisions shall
be enforceable.
11. ENTIRE AGREEMENT; This Agreement constitutes the entire understqnding of the parties,
and there are no representations, warranties or undertaking made other than as set forth
herein, This Agreement may be modified only in writing, signed by each of the parties
hereto.
12, SEG shall have no responsibility for the presence, discovery, removal or exposure of persons
to hazardous materials of any kind, including asbestos or other toxic substances.
GENERAL CONDITIONS
Specialty Engineering Group LLC