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HomeMy WebLinkAbout07. 16-406AUGUST 10, 2015 16-406 RESOLUTION (CARRIED 6-0LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE AGREEMENT WITH SPLIT ROCK STUDIOS FOR FABRICATION AND INSTALLATION OF THE OSHKOSH PUBLIC MUSEUM PEOPLE OF THE WATER EXHIBITION ($612,000.00) INITIATED BY: OSHKOSH PUBLIC MUSEUM WHEREAS, the Oshkosh Public Museum Board approved a conceptual plan for a new long-term exhibition to replace the Wetlands & Waterways exhibit on the first floor gallery of the Steiger Wing to be entitled People of the Waters in August 2015; and WHEREAS, the artistic design and fabrication services necessary for an exhibition project are professional services the value of which are measured by the professional competence of the persons engaged and which are not subject to realistic competition by cost alone; and WHEREAS, Split Rock Studios developed the conceptual plan for the new exhibit, is qualified and has experience in design development and contracting with Split Rock Studios will provide continuation from the conceptual planning to design phase as well as efficiencies and cost savings for the Museum; and WHEREAS, it is now necessary to enter into an agreement for fabrication and installation staff recommends the engagement of Split Rock Studios for these purposes. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into and take those steps necessary to implement an appropriate professional services agreement with Split Rock Studios for fabrication and installation of a new exhibition entitled “People of the Water” in the amount of Six-Hundred-Twelve-Thousand Dollars ($612,000.00). Acct. No. 323-1070-7222-06606 Property Improvement Fund – Fine Arts (People of the Waters) Acct. No. 323-1070-7222- Property Improvement Fund – Fine Arts (People XXXXX of the Waters) OSHKOSH PublicMuseum Discover • Connect • Inspire TO: Honorable Mayor and Members of the Common Council FROM: Brad Larson, Museum Director DATE: August 3, 2016 RE: Agreement with Split Rock Studios for Fabrication and Installation of the Oshkosh Public Museum's People of the Waters Exhibition BACKGROUND This relates to the fabrication and installation of the exhibition currently under development called People of the Waters, the replacement for the old Wetlands & Waterways It is located in the first floor gallery of the Steiger Wing. The central element of the Oshkosh Public Museum's strategic plan, adopted in 2014, is replacement of 20- year -old exhibitions. People of the Waters is a next - generation exhibition and the first of two major gallery replacements. People of the Waters is scheduled to open in mid -2017. In August 2015, the Common Council approved a Professional Services Agreement with Split Rock Studios of St. Paul, MN, for design development of People of the Waters, and that phase successfully concluded in June 2016. The Museum is now ready to enter into an agreement with Split Rock Studios for fabrication and installation. As part of the cost associated with the fabrication phase, Museum staff, in conjunction with City divisions and local vendors, is performing all the necessary fit -out construction and building infrastructure. This work must be completed first in order to prepare the gallery for the work of Split Rock Studios and those costs are also reflected in the attached budget summary. ANALYSIS The Museum started exhibition replacement with an RFP process, seeking an established firm with in -depth creative capabilities and experience planning and fabricating exhibitions of this magnitude. Split Rock Studios was selected based on their previous exhibitions of similar subjects, references and awards, their acceptance of the Museum's requirement to do some work locally and in- house, and their cost effectiveness compared to other firms. The Museum is now prepared to engage the company in the final phase. The artistic design and fabrication services necessary for an exhibition project falls under the category of professional services. 11 P a 93E31 Algoma Boulevard, Oshkosh WI 54901 920.236.5799 • oshkoshmuseum.org FISCAL IMPACT The base budget for Split Rock Studios, as reflected in the agreement, is estimated at $612,000. These costs are supported by the City's 2016 and in the draft 2017 Capital Improvement budget, earnings from the Museum's Frederick and Marion Hughes Durow Trust, other Museum funds, and support from foundations, businesses, and private contributions. The Museum continues to submit grants in support of this project. Funds to date are shown in the attached table. By approving the agreement with the Split Rock Studios, the Common Council is committing money in the 2017 Capital Improvement Program. RECOMMENDATION To move forward as planned and for a scheduled mid -2017 completion, I recommend that the City engage Split Rock Studios to begin the fabrication and installation of People of the Waters at this time. espectf y b itted Approved: Brad Larson Mark Rohloff Museum Director City Manager brad[: memosplitrockstudiosagreement 2 1 P a g e j y Pubb.cMuseum Discover * Connect - InsQire PROFESSIONAL SERVICES AGREEMENT. Creation and Fabrication of "People of the Waters" Exhibition by Split Rock Studios for City of Oshkosh / Oshkosh Public Museum THIS AGREEMENT, made on the day of , 2016, by and between the CITY OF OSHKOSH, hereinafter referred to as CITY, and Sommerville - Wilson Inc. dba SPLIT ROCK STUDIOS located at 2071 Gateway Boulevard, St. Paul, MN 551.12; hereinafter referred to as SRS, WITNESSETH: That the CITY and SRS, for the consideration anything in the Proposal conflicts with the Request for Request for Proposals and this document shall govern.) ARTICLE I. PROJECT MANAGER A. Assignment of. Project Manager. SRS shall assign the project described in this Agreement: 65 Project Manager os.com lamed, agree as follows: (Note: If this document, the provisions in the ing individual to manage the 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: Brad Larson, Museum Director 920.236.5769 blarson @ci.oshkosh.wi.us ARTICLE III. SCOPE OF WORK A. Pre - Production, Production and Installation. Upon approval by the CITY, SRS shall commence pre - production, then production of the Exhibit. The Exhibit shall include all components identified within approved line -item estimate at end of Design Development. Pre - production, production, installation will be supervised by SRS project managers and the lead builder, who may engage subcontractors as deemed necessary and appropriate. All Exhibit production work will be performed by SRS employees except as appropriate. Installation of the Exhibit as described in Attachment A shall be undertaken by SRS under the supervision of its own personnel. Upon completion of the production and installation, SRS shall provide the CITY with a complete set of construction drawings, maintenance and cleaning instructions, and product information. Production and installation shall be completed in accordance with the "Project Schedule ", Attachment "B ", as modified during the project. B. Title. Title to all work and any materials incorporated therein shall pass to the CITY upon delivery to the CITY or upon payment, whichever occurs first. Title to partially completed work shall pass at the time of any payment by the CITY for the percentage of work completed as of the date of such payment. SRS shall, at the request of the CITY, execute such instruments as may be reasonably necessary to effectuate these terms. C. Warranties. SRS hereby provides warranties as fol SRS warrants a one (1) year guaranty of workmanship from the date of substantial completion of installation for all exhibits and mechanical devices supplied as a part of this Agreement: ` 2. SRS warrants that the materials and equipment furnished pursuant to this Agreement will be of high quality, free from defects, and new unless otherwise required or permitted, that the work will conform to the requirements of all Agreement documents, and will be of such quality so as to Pass without objection by the museum community as fit for use as museum exhibits. SRS warrants that its 'services will be in compliance with the requirements of all regulatory authorities with: jurisdiction to prescribe and enforce standards or regulations with respect to the project and with all applicable local, state, and federal laws, statutes,'; ordinances, codes, orders, rules, and regulations. 4. SRS warrants that it will deliver any and all Exhibit work designed and fabricated pursuant to this Agreement in safe condition, and free of liens or encumbrances. SRS warranties do not cover normal maintenance, cleaning, lubrication or normal wear and tear of the Exhibit, nor damage resulting from abuse, improper maintenance, or operation of the Exhibit by the CITY nor by casualty, vandalism, or conduct of unrelated third parties. ARTICLE IV. CITY RESPQNSIBLITIES The CITY shall furnish, at the SRS's request, such information as is needed by SRS to aid in the progress of the project, providing it is; reasonably obtainable from CITY records. To prevent any unreasonable delay in SRS'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. A. Project Delay. The CITY shall discharge all responsibilities including progress review, access to site, delivery of approvals, timeliness of payment and related obligations, according to the particular schedule without unreasonable delay so as not to occasion delay to SRS. Any such delays shall extend the deadline for completion by a like period of time and potentially increase the Agreement sum commensurate with costs, expenses, and compensatory, consequential, and economic damages, including, but not limited to, storage and transportation costs and fees, occasioned by such delay. B. Approvals. Written approval, by the CITY, of all submittals and all other elements related to the services and deliverables being provided by SRS within the terms of this Agreement are required within seven (7) business days following each formal submittal (i.e. Samples, mockups, construction drawings), unless otherwise negotiated between CITY and SRS. Failure to notify SRS in writing of any issues or complaints within the time periods provided herein shall be deemed an approval by the Client and SRS. Each graphic and construction drawing submittal will have an allowance of two reviews; subsequent reviews /submittals may be subject to additional costs. 2 ARTICLE V. TIME OF COMPLETION All work to be performed under this Agreement shall be completed on or before April 15, 2017, unless the parties agree in writing to extend this date. ARTICLE VI. PAYMENT A. The Agreement Sum. The CITY shall pay to SRS for the performance of the Agreement the not -to- exceed sum of $400,000 (Four Hundred Thousand Dollars) adjusted by any changes as provided in the proposal, or any changes hereafter mutually agreed upon in writing by the parties hereto. B. Method of Payment. SRS shall submit itemized monthly statements for services. The CITY shall pay SRS 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 additional services shall 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. D. Price and Payment. Terms of Payment shall be as described in the "Payment Schedule" as set forth in Attachment "D." Further detail regarding pricing for this Agreement can be found in the "Cost Breakdown ", Attachment "C ". SRS certification for payment shall constitute a representation that the work has progressed to the point indicated, that to the best of knowledge;;, information, and belief, the quality of work is in accordance with Agreement documents, and that all lien waivers and certificates required have been furnished in proper form. E. Change Orders. The CITY may request changes in the work after the production phase has begun, including deletions, additions, or revisions, which fall within the general scope of the Agreement. Upon consultation and mutual agreement by the parties, the Agreement price and completion schedule shall be adjusted accordingly and equitably, Change orders shall be memorialized by written form signed by authorized representatives of both parties, 'SRS shall have no authority to unilaterally initiate changes in the work after the production phase of the project has begun without prior approval of the CITY. SRS covenants and agrees to protect and hold the CITY 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 SRS, its agents or assigns, employees or subcontractors related however remotely to the performance of this Agreement 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, attor- ney 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 VIII. INSURANCE SRS shall provide insurance for this project that includes the CITY as an additional insured. The specific coverage required for this project are identified on a separate document attached hereto and incorporated herein. ARTICLE IX. TERMINATION A. For Cause. If SRS 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 SRS. In this event, SRS shall be entitled to compensation for any satisfactory, usable work completed. B. For Convenience. The CITY may terminate this Agreement at any time by giving written notice to SRS no later than 10 calendar days before the termination date. If the CITY terminates under this paragraph, then SRS 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. Project Coordination. SRS shall incorporate and coordinate its work with that of any Architect and /or Builder, as appropriate, as designated by the CITY, and agrees to use its best efforts to cooperate and reasonably coordinate their activities with those of the Architect and /or Builder as necessary to effectuate completion of the project work. Subcontractors. SRS, at its option, may use one or more subcontractors to complete any of its production obligations under the Agreement. SRS shall submit the identity of any subcontractor to the CITY as requested by the CITY. SRS shall prepare all subcontracts or documents for subcontractor's use as necessary. Relationship of Parties. SRS shall be considered an independent contractor in connection with this Agreement and shall not be deemed an employee. SRS shall have the authority to act on behalf of the CITY only to the extent provided in this Agreement unless otherwise modified by written consent. Access to Site. SRS shall be provided access to the site at intervals appropriate to the stage of installation and the status of the project work. The total number of visits to the site shall not be limited in number; it is the intention of the parties that SRS shall make as many such visits as are required to fulfill the responsibilities of SRS hereunder. The CITY shall take all reasonable precautions to provide work premises of a safe and sound condition with a minimization of hazards to life and property, and the CITY shall provide appropriate premises insurance and other indemnity for the protection of SRS, its personnel, and its contract work. During installations SRS anticipates working 12 hours a day and 7 days a week. Exhibit furniture installation including casework, graphics, AV, and artifacts will commence when the client has Certificate of Occupancy. Exclusivity of Obligations. SRS shall not obligate the CITY for the payment of any money or for the performance of any obligation without the CITY's prior written consent. The CITY shall have no contractual or employment relationship with any consultants, subcontractors, employees, or others who may be hired or used by SRS in performance of the work pursuant to this Agreement. Representations of SRS. SRS represents to the CITY that it is not in default under any law or ordinance, or under any Order of any Court or federal, state, municipal, or other governmental department, commission, board, bureau, agency or instrumentality wherever located; its operations are in compliance with all applicable laws, permits, and ordinances, and there are no claims, actions, suits, or proceedings pending, or threatened, against or affecting SRS or any shareholder thereof, at law or in equity, or before any governmental agency, which might result in any material adverse change in the financial condition or M business of SRS or which would question the validity of propriety of this Agreement or any of the actions to be taken in accordance with this Agreement. Miscellaneous. The CITY and SRS, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party to this Agreement with respect to all covenants of this Agreement. Neither party to this Agreement shall assign, sublet, or transfer (by operation of law or otherwise) any interest in this Agreement without the prior written consent of the other, nor shall SRS assign any monies due or to become due under this Agreement without the prior written consent of the CITY. Any assignments without such prior written consent shall be void. y " Formal Approvals. Contracts and /or written approvals shall be returned ;mod sig a timely manner by the CITY's representative. 61%.1 , 20. Accounts Payable / invoicing information. Company Name: Oshkosh Public Museum Address: Phone number: AP contact: Email AP Contact: 920 - 236 -5769 hkosh WI 54901 Can we email invoices: X YES N 21. This Agreement represents the entire and integrated agreement between the CITY and SRS and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both the CITY and SRS. WHEREFORE, the parties have executed this Agreement on the date above written. In the Presence of: (Seal of Contractor if a Corporation.) (Witness) (Witness) APPROVED: City Attorney SRS /CONSULTANT By: Craig Sommerville, President SOMMERVILLE - WILSON, INC. D /B /A SPLIT ROCK STUDIOS And: Pamela R. Ubrig, I lerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this Agreement. City Comptroller Attachment "A" Scope of Work Split Rock Studios will provide Pre - Production and Production/ Installation services for People of the Waters at 1331 Algoma Blvd; Oshkosh, Wisconsin. We will warranty the finished exhibits for one year from the date of completion. Pre - Production 1. Complete all design and content revisions required for production. 2. Detailed production and installation schedule 3. Inspect exhibit space and document any problems affecting exhibit installation 4. Graphic production files and generate printed proofs; inspect for content errors and technical quality 5. Production color and material samples 6. Shop drawings with production details for all exhibit structures including technical specifications 7. Audiovisual technical drawings 8. Create any required prototypes or mock -ups 9. Updated schedule for Production and Installation 10. Development of specialty items 1. Output and mount final production graphics 2. Fabricate all elements based on approved design and /or construction drawings, including artifact cases,, panels, walls, platforms, information desks, benches, audiovisual kiosks, etc. 3. Fabricate custom elements such as natural history models, topographic maps, cast human figures,' taxidermy, and mechanical interactive exhibits with exhibit structures. 4. Fabricate custom artifact mounting hardware, if necessary 5. Provide exhibits for shipment to site 6. As needed, make ongoing submittals during production to keep client apprised of progress and to gain approval for elements that are developed during this phase. 7. AV and interactive programs move into production (filming) and post - production in this phase 8. Acquire audiovisual hardware; install AV software; test system operation 9. Progress photos of exhibits during production 7 l O. Perform ongoing supervision of subcontractors 1 1 .Host site visits at SRS for on -site review meetings by client 12.Perform ongoing coordination for building modifications with client, architect and GC through drawings, meetings, discussions, templates, etc. Installation 1 . Finish any remaining, minor building prep work 2. Deliver exhibits. Set up staging area for unloaded exhibit elements 3. Project Manager and Designer provide on -site art,direction as required 4. Install all large structures, such as platforms, walls, cases, large graphic panels, and murals 5. Install smaller graphics, AV equipment, models, interactive exhibits 6. Clean work site of debris and dust, clean artifact cases, install artifacts, perform all other conservation requirements, and seal cases 7. Aim and adjust lighting fixtures 8. Walk- through inspection of completed exhibits 9. Develop punch -list I O.Supply maintenance manual and train staff in exhibit operation and maintenance 1 l .Correct punch -list items se -out Warranty 1. Contractor submits closeout package including: i'. Warranty information from SRS ii. Graphic production digital files iii. "As-,built" production drawings iv. Final written materials] V. Final corav of !maintenance manuals Attachment "B" Project Schedule *Subject to change* PRODUCTION AND INSTALLATION PHASE [date -date] Pre - Production • Produce construction drawings • Prepare production color and material samples • Create SOV for Pre - Production through Installation • Complete all design and content revisions required for production • Provide creative directions on custom elements (artistic and electronic), specialty lighting, and mechanical and electromechanical devices [date - date] • Acquire artifacts for use in exhibit & finalize matrix • Prepare all graphic pi�od'uction files and generate printed proofs; inspect for content errors and technical quality • Acquire high - resolution images and associated usage rights • Submit final graphic layouts for client review, after approval output all graphics and photographic elements • Contract AV production team and purchase audiovisual hardware • Update Schedule with production and installation phases Client approves all graphic files and content revisions for production no later then [date] Production • Output and mount final production graphics • Prepare artifacts and fabricate custom artifact mounting hardware • Fabricate all elements based on construction drawings • Fabricate custom elements such as models, maps, sculptures, and mechanical interactive exhibits • Purchase, fabricate or assemble and test all interactives and electronic components. Produce AV programs • Fabricate all murals, models and dioramas, make submittals for approval as needed • Fabricate all specialty items • Provide ongoing progress photos or videos as appropriate • Host site visits at SRS for on -site review meetings ,by the client. Ideally, at least one meeting, no less th y r weeks prior to shipping, should be held for Client Team approval prior to shipping and installation • Perform ongoing supervision of subcontractors "'\;,; • Prepare and ship exhibits to site Ins • Deliver, install, test and make all exhibits fully operational • Install murals, casework, graphics, artistic fabrication, artifacts, audiovisual and specialty items • Aim and adjust lighting fixtures • Walk- through inspection of completed exhibits • Correct any punch list items • Provide training for cleaning and maintenance • Provide maintenance manuals and closeout materials 10 [date - date] [date - date] Attachment "C" Cost Breakdown [name of the exhibit] 1. Pre - Production [$00,000] 2. Production [$00,000] 3. Shipping and Installation [$00,000] 4. Project Total [$00,000] Clarifications and Exclusions Final schedule of values will be provided at the end of the Design Development phase 11 Attachment "D" Payment Schedule • [$00,000.00115% down payment upon start of production PRE - PRODUCTION. PRODUCTION. & INSTALLATION PHASE Schedule of Values will be provided upon completion of Design Development. Pre - Production and production will be billed monthly upon percent complete. 12 Attachment B Oshkosh Project Schedule *Subject to change` updated 7.29.76 PRODUCTION AND INSTALLATION PHASE August 15, 2016 - June 30, 2017 Pre - Production • Produce construction drawings • Prepare production color and material samples • Create SOV for Pre - Production through Installation • Complete all design and content revisions required for production • Provide creative directions on custom elements (artistic and electronic), specialty lighting, and mechanical and electromechanical devices August 15 - • Acquire artifacts for use in exhibit & finalize matrix December 30, 2016 • Prepare all graphic production files and generate printed proofs; inspect for content errors and technical quality • Acquire high - resolution images and associated usage rights • Submit final graphic layouts for client review, after approval output all graphics and photographic elements • Contract AV production team and purchase audiovisual hardware • Update Schedule with production and installation phases Client approves all graphic files and content revisions for December 16, 2016 production no later then A Production • Output and mount final production graphics • Prepare artifacts and fabricate custom artifact mounting hardware • Fabricate all elements based on construction drawings • Fabricate custom elements such as models, maps, sculptures, and mechanical interactive exhibits • Purchase, fabricate or assemble and test all interactives and electronic components. Produce AV programs • Fabricate all murals, models and dioramas, make submittals for approval as needed • Fabricate all specialty items • Provide ongoing progress photos or videos as appropriate • Host site visits at SRS for on -site review meetings by the client. Ideally, at least one meeting, no less than four weeks prior to shipping, should be held for Client Team approval prior to shipping and installation • Perform ongoing supervision of subcontractors • Prepare and ship exhibits to site Installation • Deliver, install, test and make all exhibits fully operational • Install murals, casework, graphics, artistic fabrication, artifacts, audiovisual and specialty items • Aim and adjust lighting fixtures • Walk- through inspection of completed exhibits • Correct any punch list items • Provide training for cleaning and maintenance • Provide maintenance manuals and closeout materials 2 December 5, 2016 - .June 9, 2017 .June 12 - 30, 2017 People of the Waters Budget Details People 2016 Expenses Fit -Out Total 100,000 Split Rock Studios 612,000 ExpenseTOTAL 712,000 People 2016 Support as of 7/19/16 City (2016 & DRAFT 2017 CIP) 400,000 Durow Trust 200,000 Sponsorships & Donations 54,000 Behncke Fund 58,000 Current Support 712,000 I: \Museum \CIP Projects \1_PEOPLE OF THE WATERS_SRS_CIP \People Budget Review_7_26_16 Oshkosh Public Museum 1331 Algoma Blvd. Oshkosh, WI 54901 Attn: Brad Larson Phone 920 - 236 -5769 Price Summary 1 Pre - Production 2 A.2 Limestone Entry Wall 3 A.3 Multi -touch Map 4 AA Artifact Timeline Display Case 5 A.5 Hallway Display 6 B.1 Archaeology Display: Uncovering the Past 7 B.2 Oneota Longhouse 8 B.3 Natural Resource Display 9 C.1 Fur Trade Canoe and Display Case 10 C.2 LED Trade Map Interactive 11 C.3 Reading Rails with Trade Game 12 CA Translucent Wall 13 D.1 Living Cultures 14 D.2 Community Curated Case 15 D.3 Interactive Map: What's in a name? 16 Shipping and Installation Total Price File Name: 5.20.2016 Oshkosh DDII Revised build cost Tab: Proposal Split Rock Studios 2071 Gateway Blvd. Arden Hills, MN 55112 Phone: 651 - 631 -2211 Fax: 651 - 631 -0707 splitrockstudios.com 20- May -16 Estimate $53,000 $18,341 $49,285 $146,687 $20,725 $18,640 $59,084 $37,008 $9,588 $14,250 $64,075 $23,106 $3,827 $1,000 $10,886 $82,500 $612,000 Proposal printed: 5/20/2016 at 3:59 PM Page 3 of 4