HomeMy WebLinkAboutSummit Design LLC. & Oshkosh, senior center furnace PROFESSIONAL SERVICES AGREEMENT.•
ENGINEERING SERVICES- OSHKOSH SENIORS CENTER FURNACE
REPLA CEMENTS F5 F6 F8 & F9
THIS AGREEMENT, made on the "h day of April, 2016, 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 1. 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 Il. 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 Seniors Center 4 Furnace Replacements F5, F6, F8 & F9"
proposal dated 417116 and attached as Exhibit A. If anything in the Consultant's
proposal conflicts with this agreement, the provisions in this agrepment;;sovern.
r a ;
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 November 1 , 2016 unless both parties agree to
extend the completion date in writing.
ARTICLE 111. PAYMENT
A. The Contract Sum.
The City shall pay to the Consultant for the performance of the contract the sum of
$2,000, 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
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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.
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In the Presence of: CONSULTANT
..k
By:
,W(K
(Seal of Consultant (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By: �Gt�
Mark A. Rohloff, City Manager
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 At e
Finance Director
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PROPOSAL
.Sum, DesILC
DATE: 4/7/2016 PROJECT: Oshkosh Senior Center
TO: Subject:
Mr.Jon Urben CPPO 4 Furnace Replacements. F5, F6, F8 & F9
General Services Manager
4`h Floor
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54903-1130
HVAC Desien Work:
• Perform one site visits to collect data and pictures on existing systems.
• Redraw the building on CAD, Copy the ductwork on the new drawn layout.
• Coordinate which units are to be replaced with any special notes on installation
• Complete a table spelling out the existing and new furnaces.
• Put installation specifications on the drawing for furnace replacement.
• Provide PDF files drawings and specifications on drawings for work to be done.
• Provide PDF drawings to the city Inspection Department to ensure project complies with local
and state codes.
• Coordinate an initial walk through meeting with hvac bidding contractors
• Oversee Project installation and make sure project is installed per hvac plans.
• Consult with contractor as needed during installation.
• Perform a final walk through visit at the completion of project and give building owner a punch
list of any findings.
Work Not Included.
• Domestic Plumbing Design
• ElectricaI Design.
• Design of Sprinkler and Fire Alarm System.
• Fees required for State/Local review of plans and fees required for Permits.
L1itials:
W6744 Rogersville Road Fond du Lac WI 54937
Phone(920) 979-5452, Email SummitDesign@Charter.net
www.summitdesignhvac.com
City of Oshkosh General Services Department Re„sponsibilities
• 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 and open spaces for system evaluation,
Tees
Construction Documents and Construction Administration:
The fee to provide HVAC Evaluation Services for the City of Oshkosh and Grand Opera House as
defined above is:
Oshkosh Senior Center @ 200 N. Campbell Road, Oshkosh, WI 54902.
$2,000.00 (Two Thousand Dollars and No Cents }.
Additional Services:
Additional work beyond the scope of this agreement must be approved by City of Oshkosh Purchasing
Management and will be billed at an hourly rate not to exceed $100.00 per hour.
Terms:
Billing will be issued monthly or at the completion of project phases as outline here. A bill for 95% of
the fee will be invoiced after the completion of the livac design. The 5% 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 1.5%per month may 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
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