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Home My WebLink AboutStewart Design Associates� PROFESS/ONAL SERV/CES AGREEMENT.- ASSESSMENT OF FOODSERV/CE EQU/PMENT A T THE OSHKOSH CONVENT/ON CENTER K/TCHEN THIS AGREEMENT, made on the 15TH day of October, 2015, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and STEWART DESIGN ASSOCIATES, INC., 2934 FISH HATCHER ROAD, SUITE 212, MADISON, WISCONSIN, 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 MANA A. Assignment of Project Manager. The Consultant shall assign the following individual to manage the project described in this contract: (Rock A Deering, FCSI, President) 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 WOR The Consultant shall provide the services described in the Consultant's "Foodservice Facility Consulting Agreement Proposal" received October 15, 2015 and attached as Exhibit A. If anything in the Consultant's proposal conflicts with this agreement, the provisions in this agreement shall govern. 1 r 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 December 31, 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 53,500, 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 E r. 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. 3 r In the Presence of: (Seal of Consultant if a Corporation.) % Y" CONSULTANT � �,�/� � By. rl� . YXlL � �� C i' P.�' E Q U13t (Specify Title) : (Specify Title) CITY OF OSHKOSH �' � BY � /t �-----l�j� _ � l� � Mark A. hloff, City Manager ( itness) i , ` �'.�'� �--�• And: ��. - - i� _ � (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. ity Attor e ��1 � �C�,�l F� Finance Director � � �� ° : Rock A. Deering Pro(essional Member, FCSI 2934 Fish Ha[chen� Roid. Suite 212 NL-idison, ��sconsin 53713 PHONE �G08J 271�554 FAK (GOS� 271-7848 E-MAIL mailt�stewdesign.com �!✓i� 11 �4 Stew�rt Design Associates, Inc. FOODS[RVICE AND Lr1UNDRY CONSULTAN7S FOODSERVICE FACILITY CONSULTING AGREEMENT FOR: City of Oshkosh Jon G. Urben, CPPO General Services Manager JOB TITLE: City of Oshkosh Convention Center Oshkosh, Wisconsin 1. PROJECT SCOPE The scope of this project encompasses a review, assessment, priority listing of replacement and probable replacement cost of the existing foodservice equipment. 2. INITIAL STUDIES A. Meet with Owner, Owner's staff and foodservice operator. Discuss the menus and operating system choices for the facility. B. Review existing foodservice equipment. C. Provide a list of existing foodservice equipment, anticipated life expectancy, priority replacement list and budgetary replacement cost for each item. D. Provide the Owner the Initial Studies. 3.CONSULTANT'S FEE A. Basis: Lump sum of $3,500, including all costs for telephone, copying, printing, materials, etc. Mileage is included in the fee. B. Additional services beyond the above scope shall be at $110.00/hour for consultanYs time and s�uRCNASING Q�V1�i��Q�hour for production staff time, when authorized in writing. OCT 15 2015 1 �..�'rl"If�SJ.:.1;'i� Vvl+�'JS�Ci�iSllVa 4.SPECIAL CONDITIONS Fee includes travel time, meeting time and mileage for an initial meeting in Oshkosh, Wisconsin. Additional trips, when requested by the Architect, shall be at standard Stewart Design Associates (SDA) hourly rates. S.TERMINATION OF AGREEMENT This agreement is terminated if and when the Agreement between the Owner and Architect is terminated, of which termination SDA shall be promptly notified. It also may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others, SDA shall then be paid for services performed to termination date, including reimbursements then due, plus terminal expenses contingent upon comparable adjustment made by owner to ArchitecYs compensation. 6.INSURANCE AND MUTUAL ASSISTANCE The Architect and SDA shall each carry insurance to protect from claims under workman's compensation acts, from claims for damages caused by bodily injury, including death, to employees and to the public; and from claims for property damage. Each shall be responsible for the payment to the other of any claims for which the other might be held liable because of any deductible clause in such insurance. 7.SUCCESSORS AND ASSIGNS The Architect and SDA each binds itself, its partners, successors, assigns and legal representative to the other party to this Agreement, its partners, successors, assigns and legal representatives in respect to all covenants of this Agreement. Neither the Architect nor SDA shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. Submitted By: � ,�/��(/,� � Date Stewart Design Associates c. Rock A. Deering, FCSI, President Accepted By: For: �a Date ��-��►.�� ' � 1 � DATE (MMIDD/YYYY) �`� ° CERTIFICATE OF LiABiLITY INSURANCE 10/23/2014 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 7HE 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, ceKain policies may require an e�dorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMEACT NlIld MllTl].Z BOiT Insurance Agency PHONE (8EO) 777-2620 FA'x (8601 77 7-2 621 A/C No : 10 Waterside Dr. A�oRess:nmuniz@boltinsurance.com Slllt2 ZOZ INSURER�S�AFFORDINGCOVERAGE NAICfI Farminaton CT 06032 __ iNSUReRn:Continental Casualt Com an 0493 INSURED INSURER 8 : STEWART DESIGN ASSOCIATES INC INSURERC: 2934 FISH HATCHERY RD STE 212 INSURERD: MADISON WI 53713 COVERAGES CERTIFICATE NUMBER:CL14102371138 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 INSURANGE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY NAVE BEEN REDUCED 8Y PAID CLAIMS. ADDL SUBR POLICY EFF POLICY EXP ILTR TYPE OF INSURANCE POLICY NUMBER MMIDDfYYYY MMIDDIYYYY LIMITS GENERAL LIABILITY ' EACH OCCURRENCE $ 1� OOO � OOO DAMAGE TO R NTED 3OO � OOO X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ A CLAIMS-MADE � OCCUR 1016707649 11/19/2014 11/19/2015 MED EXP (Any one person) $ 10 � 000 PERSONAL & ADV INJURY $ S� OOO � OOO GENERAL AGGREGATE $ 2, OOO � OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 3 1� OOO � OOO X POLICY PR� LOC $ AUTOMOBILE LIABILITY E� acciUeDtSINGLE LIMIT j OOO OOO BODILY INJURY (Perperson) $ A ANY AUTO AIIOWNED SCHEDU�ED 1016707649 11/19J201411/19J2015 gOD1LYINJURY(Peracciden[) S AUTOS NON�OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident $ X UMBRELLA LIAB X pCCUR EACH OCCURRENCE $ 1 i OOO � OOO A EXCE55 LIAB �LqIMS-MADE AGGREGATE $ S� OOO � OOO DED X RETENTION$ 10,00 50909562B0 11/19/2014 11/19/2015 $ A WOAKERS COMPENSATION WC $TATU- OTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE � N� A E.L EACH ACCIDENT $ SOO OOO oFFICER/MEMBER�cCLUDED� 029351608 11/19/201411/19/2015 E.L.DISEASE-EAEMPLOYE $ 5OO OOO (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT a 500 00� DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER __ CANCELLATION SHOULD ANY OF THE ABOVE DESCRiBED POLICIES BE CANCELLED BEFOitE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ****FOR INFORMATION ONLY**** AUTHORIZED REPRESENTATIVE Grace Iorio/GIORIO `� �� t.�� C'.ta ��L>�Z.G`ti��> ACORD 25 (2010/05) O 1988-2010 ACORD CORPORATION. All rights reserved. INS025 nninns m The A(�(1R�1 n�mo �nri Innn aro ronie+ornri m�rlcc nf A(_f1R11 DATE (MMlDD/YYYY) ACOR�`� CERTIFICATE OF LIABILITY INSURANC�E�S/2015 —�� THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMAT�ON 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 POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 th certificate holder in lieu of such endorsement(s). PRODUCER COMPLETE EQUITY MARKETS INC NAME: 1190 Flex Court w No E�t:(847) 541-0900 wC No(847) 541-0444 ADDRESS: Lake Zurich, IL 60047 INSURER(S) AFFORDING COVERAGE NAIC# INSURERAUnderwriters at Lloyd's, London INSURED Stewart Design Associates, II1C. INSURER B: 2934 Fish Hatchery Road Suite 212 INSURER C: Madison, WI S3%13 INSURER D: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO A EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAfMS. ��7R TYPE OF INSURANCE INSD WVD POLICY NUMBER M D M LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ I CLAIMS-MAD�I OCCUR PREMISES Ea occurren $ MED EXP (Any one person) $ PERSONAL & ADV INJtJR $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ POLICYCI JECT CI LOC PRODUCTS - COMP/OP A OTHER: $ AUTOMOBILE LIABILITY g Ea accident ANYAUTO BODILY INJURY (Per pers r$ ALLOWNED SCHEDULED BODILYINJURY Peraccid �t) AUTOS AUTOS � HIRED AUTOS NON-OWNED $ AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MA E AGGREGATE $ DED RETENTIOpi $ WORKERS COMPENSATION - AND EMPLOYERS' LIABILITY S A UTE R ANY PROPRIETOR/PARTNER/EXECUTIV Y�N E.L. EACHACCIDENT $ OFFICER/MEMBER EXCLUDED? �I N!A (Mandatory in NH) E.L. DISEASE - EA EMPL '6EE If Yes describe under DES�R�PTION OF OPERATIONS below E.L. DISEASE - POLICY LI � A Professional 420157 03/30/15 03/30/16 $1, 000, 000 Each Claim Liabilit $1 000 000 A re ate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Subject to alI terms, conditions, exclusions and endorsements of the policy. This insurance contract is with an insurer which has not obtained a certificate of authority to transact a regular insurance business in the atate of Wisconsin, and ia issued and delivered as a surplus lines coverage pursuant to s.618.41 of the Wisconain Statutes. Section 618.43(1) Wisconsin Statutes,requires payment by the policyholder of 3� tax on gross premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED For Informational Pu oses Onl THE EXPIRATION DATE THEREOF, NoTICE WILL BE DELIVER � y ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE G��c 77'/�s�� i O 1988-2014 ACORD CORPORATION. All rights res ACORD25(2014/01) The ACORD name and logo are registered marks of ACORD