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HomeMy WebLinkAboutFEH Design/Men Park Zoo Eagle Exhibit design 2017 PROFESSIONAL SERVICES AGREEMENT-DESIGN EAGLE EXHIBIT MENOMINEE PARK ZOO THIS AGREEMENT, made on the 2nd day of MAY, 2016 by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and FEH DESIGN, W316S525 CHRISTOPHER WAY, DELAFIELD WI 53018, hereinafter referred to as the CONSULTANT, WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, agree as follows: (Note: If anything in the Proposal conflicts with the Request for Proposals or this document, the provisions in the Request for Proposals and this document shall govern.) ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this contract: (GREGORY BAUM, AIA LEED AP, FEH DESIGN) 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 11. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the project described in this contract: (CHAD DALLMAN, ASSIST DIRECTOR OF PARKS) ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the engineering services described in the Consultant's "Eagle Exhibit -- Menominee Park Zoo" proposal dated April 2016, and attached as Exhibit A. If anything in the Consultant's proposal conflicts with this agreement, the provisions in the agreement shall govern. and is incorporated into this agreement to the extent it does not conflict with the CITY'S Request for Proposals, or-., this agreement. 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 All work to be performed under this contract shall be completed on or before JULY 1, 2016 unless the parties agree in writing to extend this date. ARTICLE Ill. PAYMENT A. The Contract Sum. The CITY shall pay to the CONSULTANT for the performance of the contract the total sum of $8,770.00 (EIGHT THOUSAND SEVEN HUNDRED SEVENTY DOLLARS AND 001100), 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. 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 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. ARTICLE IV. HOLD CITY HARMLESS The CONSULTANT 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 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 CITY all sums including court costs, attorney fees and punitive damages which the 2 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. Subject to any limitations contained in Secs. 893.80, 893.83, 345.05, .and any similar statute, of the Wisconsin Statutes, the City of Oshkosh agrees to hold COMPANY NAME, its officers, officials, employees and agents harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of the terms of this Agreement where such liability is founded upon or grows out of the acts or omission of any of the City's officers, employees or agents while acting within the scope of their employment. ARTICLE V. INSURANCE The CONSULTANT 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. 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, In the Presence of: CONSULTANT By: {Seal of Contractor (Specify Title) 3 if a Corporation.) By: (Specify Title) CITY OF OSHKOSH R By. ` Mark A. R hloff, City Manager ( itness} to f` And: 1 yr (Witnes"s) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. C' y Attorn ._ ,ty Comptroller 4 EXHIBIT A 5 _ii4.,;.-4T•• iELr ,:r: __uU^-!L 1<_Li April 1,2016 Mr.Chad Dallman Assistant Director of Parks Cityof Oshkosh 805 Witzel Avenue Oshkosh,WI 54902 RE:Professional Services for an Eagle Exhibit at the Menominee Park Zoo Chad: We are pleased to submit this proposal for professional services. We are very excited about the opportunityto be participating in the development of such an important and significant animal exhibit at the Menominee Park Zoo.Based on our preliminary meetings and our previous experience with similar projects,we have developed a brief outline,Scope of Work,and assembled a team of professionals to address the design phase of this project. Following in this proposal is information about our approach to the project,the anticipated Scope of Work,and the corresponding professional fees. PROJECT OBJECTIVES It is our understanding the City of Oshkosh and the Menominee Park Zoo intend to add a new eagle exhibit as outlined in the adopted 2014 Menominee Park Zoo Master Plan. The new exhibit willbebased on the 2014 Menominee Park Zoo Master plan and be located at the east end of the zoo within the Park at 520 Pratt Trail, Oshkosh Wisconsin, The goal of this project is to provide schematic design and structural drawings for the exhibit enclosure for the owner to obtain pricing. Funding for the project will likely come from the City and Zoo Foundation. PROJECT TEAM We propose to utilize the following team of professionals to complete the schematic design portion of this project: FEH Design Y Architecture + Structural Engineering - N'316 5525 CHRISTOPHER-4YkY 262 969 1055 13 ' ..� FEH DESIGN PELARELD,WLSCOttS�N59G18 f hELArL+'. SCOPE OF SERVICES To meet the objectives identified above, we propose the following scope of services for the Schematic Design phase of the project. Optional professional services by a civil engineer for a site survey (of the exhibit area)are also identified. 1. Site Data. Gather available background information (utilities, soil borings, site survey, topographic survey) about the existing site.from the Oshkosh Public Works Department. Develop a list of exhibit components for the eagle exhibit with the Parks Director,and Assistant Director,and Zoo Staff. 2. Schematic Design. The designer will generate one animal exhibit enclosure for Eagles for the Parks Department and Zoo Staff.The Eagle exhibit will be wood construction and not contain a water feature or thematic rockwork. 8. Structural Engineering. The structural engineer will size structural framing elements, detail connections, provide foundation design, and produce structural drawings for a State of Wisconsin submittal. 4. Public Relations Artwork: The design team will prepare one(1)black and white or color marker drawings. S. Budget Development. The design team will develop a total project cost projection for the animal exhibit that includes both the hard construction costs for fixed elements and the soft costs associated with the project. Optional Professional Services 6. Optional Tower. The design team will develop schematic design drawings and preliminary structural member sizes for a climbing tower adjacent to the eagle exhibit.This service will be an hourly expense. 7. Optional Construction Drawings.The architect and structural engineer will provide construction drawings,details,and product specifications as needed for the Owner to build each exhibit.Field visits and construction administration services will be provided as necessary.This service will be an hourly expense. 8. Optional Site Survey.A civil engineer will survey the area for each animal exhibit and provide a site plan highlighting; topography, utility location, nearby structures, walking paths, trees and shrubs.This service wit[be a lump sum of$1500 dollars for each exhibit area. It is the intention of the Oshkosh Parks Department and the Architect to continue working together through the completion of the project. A second agreement(if necessary)will be developed between the Owner and the Architect to cover the final design and construction phase of the project. - 316 5525 CHRISTOPHER - 262 868 2055 P FSH DESIGN Y1aELAri[Lf7.wtSCONS3N5303S _.IVUX f_IT'. . UE=iJ_1� E i! k.: __ APPROVALS Schematic Design work completed during this phase of the project will be reviewed and approved by the Oshkosh Parks Department. COMPENSATION FEH Design proposes to furnish the above outlined services on a lump sum of.SUkQ dollars. Miscellaneous reimbursable expenses including;mileage,printing,and state of Wisconsin submittal fee will be;$ 70 dollars in addition to the professional fees identified above. AUTHORIZATION Thank you for giving us the opportunity to submit this Proposal for Professional Services. Should you find our proposal acceptable, please sign both copies and return on to our office to serve as our authorization to proceed. Sincerely, Gregory Baum,AIA LEED AP APPROVED BY THE OSHKOSH PARKS DEPARTMENT: Signature Title Date - _ Vf37G 5525 LHRI570PHER WAY - 2132'- 968 2os5 p SEH DESIGN DELAFIELD.W15Gorl5l�53��a EXHIBIT B 6 A4'C>RL> CERTIFICATE OF LIABILITY INSURANCE DATE(MPAMDfYYYY) x/6/2016 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 polley(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 TA NAME: Mills-Shellhammer-Puetz Assoc. ParcON o No • 2- 5 2580 RAIL Ne: -2184 PO SOX 567 E-MAIL Sioux City lA 51102 ADDRESS: INSURERJS)AFFORDING COVERAGE MAIC# INSURERAALLIED QRQUP 42579 INSURED FEHAS-2 INSURER 13-TRAVIS PEDERSEN&ASSOC INC FEH ASSOCIATES,INC. INSURFRC: FEH REALTY LLC FEH DESIGN +BUILD, INC. INSURERD: 1030 Main Street Dubuque IA 52002 INSURER E: INSURERF; COVERAGES CERTIFICATE NUMBER;667311616 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, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR 7YPEOFINSURANCE ADD SUER POLICY EFF P041GYEXP LTR INSR %IND POLICYNUMBER (MMMDNyM, IMMIDDNYMLIMITS A GENERAL LIABILITY Y ACP7145405458 1/1/2016 1/1/2017 1 EACH OCCURRENCE $1,000,ODO X DAFAgG E 70 RENTED COMMERCIAL GENERAL LIABILITY _ PREMISES Ea ocan.nc. $100,000 CLAIMS-MADE X-1 OCCUR MED EXP{Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GENERALAGGR£GATE $2,000,ODD GENLgGGREGAT£LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2,000,000 POLICY JECTPRO- LOC Employee Benefits $1,000,000 A AUTOMOBILE LIABILITY Y ACP7145405458 11112016 1/1/2017 Ea a511,la D SINGLE U MIT cdclel) $1,000,000 ANYAUTO BODILY INJURY(Per person) 5 ALLOWNED SCHEDULED BODILYINJURY(Per $ AUTOS AUTOS ( ) X NON-OWNED PROPERTY DAMAGE HIR£DAUTOS AUTOS Peraccident $ S A X UMBRELLA IJAB X OCCUR ACP7145405458 1/1/2016 11112017 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-IAADE AGGREGATE $1,000,000 DED RFTEWIONS $ A WORKERS COMPENSATION ACP7145405458 1/112016 1!112017 X I TWO STATU- OTH- ANDEMPLOYERS'LIABIUTY YIN ANY PROPRIETOWPARTNERIEXECUTIVE E.L.EACH ACCIDENT $500 ODO OFFICE(Mandatory In BER EXCLUDED? NIA E.L.DISEASE-EA Ef,PLOYE 5500,o0O (Mandatory In HH) If yes,descdha ander DESCRIPTION OF OPERATIONS t slow E.L.DISEASE-POLICY LIMIT $500,000 B Pollution Uabllity EGL0003467 5/30/2015 5/30/2016 Incident 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES(Attach ACORD 401,Additional Remarks Schedule,If more space Is required) City of Oshkosh and its officers,council members,agents,employees and authorized volunteers are listed as an additional insured,policy form P130448.30 day cancellation notice applies to all lines. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. Attn:City Clerk 215 Church Avenue-PO Box 1130 AUTHORIZED REPRESENTATIVE i Oshkosh Wl 54903-1130 f I44m.��� O 4988-2010 ACORD CORPORATION. All rights reserved. j ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD DATE AC40 ,oma CERTIFICATE OF LIABILITY INSURANCE 04/07/2916(MMIDOY) 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 polfcy(les)must be endorsed, If SUBROGATION IS WAIVED,subject to the terms and conditions of the pollcy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). PRODUCER 1-800-300-0325 CONTACT NAME; Holmes Murphy 4 Assoc - CR PHOo. NE FAX �AICEx • A!C No E-MAIL 500 lot Avenue NE, Suite 300 ADDRESS: INSURERS AFFORDING COVERAGE NAIL 5 Codar Rapids, YA 52401 INSURERA: Travelers Casualty and Surety Company o INSURED INSURER B: FSH Design INSURER C 604 East Grand Avenue - INSURER D: INSURER E: Dee Moines, IA 50309-1924 INSURER F: COVERAGES CERTIFICATE NUMBER:46547429 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, ILTR TYPE OF INSURANCE ADDL SUBR - POLICY EFF POLICY EXP 1M WVO POLICY NUMBER (MMIDDNYYYI IMMIDWYYYY) LIMITS COMMERCIAL GENERAL LIABILITY - EACH OCCURRENCE $ DAMAGET RENTED CLAIMS-pdAOE OCCUR PREMISES Ea occurrence)S AIED EXP Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECT LOC PRODUCTS-COMPIOP AGG $ OTHER: $ AUTOMOBILE LIABILITY ICOhBBBiNdEeDISINGLE LIMIT $ ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY Per aoddent AUTOS AUTOS ( 1 $ HIRED AUTOS NON OWNED PROPERTY DAh4AGE $ AUTOS Per acsidenl S UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIA13 CLAIMS-MACE AGGREGATE $ OED Rt=TENTIONS $ WORKERS COMPENSATION PER EORH- AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORrPARTNERIEXECUTNE E.L.EACH ACCIDENT $ OFFMER/MEN19EREXCLUDED? N/A (Mandatory In NH) _ E.L.DISEASE-EA EMPLOYEd$ IF yes,descn'be under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I S A Professional Liability 105524112 12/06/15 12/06/16 Each Claim 2,000,000 (Claims-Made Policy) Annual Aggregate 2,000,000 DESCRIPTION OF OPERATIONS LOCATIONS IVEHICLES (ACORD 101,Addillonal Remarks Schedule,may be attached if more space Is(equIred) Project: Menominee Park Zoo Eagle Exhibit CERTIFICATE HOLDER CANCELLATION SHOULDANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Clerk ACCORDANCE WITH THE POLICY PROVISIONS, 215 Church Avenue AUTHORIZED REPRESENTATIVE P.O. Dox 1130 Oshkosh, WI 54993-1130 ' USA ©1988-2014 ACORD CORPORATION, All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD bwhitakercr 46547429 BUSINESSOWNERS PI3 04 48 1114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: PREMIER BUSINESSOWNERS LIABILITY COVERAGE FORM A. The following is added to Section iI.WHO IS AN Section 111, LIMITS OF INSURANCE AND INSURED: DEDUCTIBLE: Any person or organization shown in the If coverage provided to the additional insured is Schedule of this endorsement is also an insured, required by a contract or agreement,the most we but only with respect to liability for"bodily injury", will pay on behalf of the additional insured is the "property damage"or"personal and advertising amount of insurance: injury"caused, In whole or In part, by your acts 1. Required by the contract or agreement;or or omissions or the acts or omissions of those 2. Available underthe applicable Limits Of acting on your behalf in the performance of your Insurance shown in the Declarations; whichever ongoing operations or in connection with your is less. premises owned by or rented to you. This endorsement shall not increase the However: applicable Limits Of Insurance shown in the 1. The insurance afforded to such additional Declarations. insured only applies to the extent permitted C.This insurance,including any duty we have to by law; and defend"suits",does not apply to: 2. If coverage provided to the additional 1. "Bodily injury"or"property damage"that insured is required by a contract or arises out of, in whole or in part, or is a agreement,the insurance afforded to such result of, in whole or in part,the active additional insured will not be broaderthan negligence of the additional insured shown that which you are required by the contract in the Schedule of this endorsement. or agreement to provide for such additional 2 "Personal and advertisinginjury"that arises insured. B.With respect to the insurance afforded to these out of any independent"personal and advertising injury offense committed by the additional insureds,the following is added to additional insured shown in the Schedule of this endorsement. All terms and conditions of this policy apply unless modified by this endorsement. SCHEDULES Name Of Person Or Organization: CITY OF OSHKOSH 216 CHURCH AVE PO BOX 1130 OSHKOSH WI 549031130 PIS 04 4811 14 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. 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