HomeMy WebLinkAboutStewart Design Ass. & Oshkosh, PROFESSIONAL SERVICES AGREEMENT.•
FOODSERVICE CONSULTING AND DESIGN- DISHWASHER
A T THE OSHKOSH CONVENTION CENTER KITCHEN
THIS AGREEMENT, made on the """ day of May, 2016, 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 1. PROJECT MANAGER
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 11. 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 services described in the Consultant's
"Foodservice Facility Consulting & Design Agreement Proposal" 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 December 31 , 2015 unless both parties agree to
extend the completion date in writing.
ARTICLE Ill. PAYMENT
A. The Contract Sum.
The City shall pay to the Consultant for the performance of the contract the sum of
$5,600, 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. 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: CONSULTANT
B ✓L
(Seal of Consultant (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
By: ZK:_?)
Mark A. Rohloff, City Manager
{Wit ss)
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And:
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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 A to n P4�
p
Finance Director
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Rock A. DeeringStewart
'
Rdessiord Mentxx FCSf Design Associates, Inc.
1934 Fish IWchcr7Road,Stke211 FOODSERVICE AND LAUNDRY CONSULTANTS
NLxfmi,Wnconsin 53113
HTML (60BI 271-3554
FAX (608)171-7848
C-MNL mailestewdesign.com
FOODSERVICE FACILITY CONSULTING
AND DESIGN AGREEMENT
FOR: City of Oshkosh
Jon G. Urbon, CPPO
General Services Manager
JOB TITLE: City of Oshkosh Convention Center—Dishwasher Replacement
Oshkosh,Wisconsin
I. SCOPE
The scope of this project encompasses the replacement of the existing dishwasher and redesign of
the existing scullery.
2. SCHEMATIC PHASE
A. Meet with Owner and Owner's foodservice operator to establish the facility's menus,production
requirements and operating systems.
B. Determine the equipment needed to fulfill the needs of the facility.
C. Determine and/or confirm room dimensions.
D. Provide preliminary equipment layout.
E. Estimate cost of equipment.
F. Coordinate with Owner's Architect, Engineers and foodservice operator.
3. DESIGN DEVELOPMENT PHASE
A. Prepare a Design Development layout.
B. Submit schedule of mechanical, electrical and plumbing requirements for foodservice
equipment.
C. Revise the equipment cost estimate.
D. Coordinate with Owner's Architect and Engineers.
4. CONSTRUCTION DOCUMENT PHASE
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Provide the following:
A. Equipment layout.
B. Dimensioned rough-in plan showing mechanical, electrical and plumbing requirements.
C. Mechanical, electrical and plumbing schedule of foodservice equipment requirements.
D. Elevations and sections of custom fabricated equipment.
E. Building works plan showing wall openings,floor recesses and duct locations.
F. Detailed general specifications and item specifications.
G. Bid form for foodservice equipment contractors.
5. BID PHASE
A. Send bids to foodservice equipment contractors.
B. Evaluate bids for compliance with specifications.
C. Assist in adjusting work to be within estimates.
6. CONSTRUCTION PHASE
A. Check foodservice equipment contractor's plans and shop drawing submittals.
B. Check contractor's brochure of standard cataloged items.
C. Conduct a review of the completed installation and submit a punch list of deficiencies in
quantity,workmanship and material.
7. CONSULTANT'S FEE
A. Basis: Lump sum of $5,600, including all costs for telephone, copying, progress printing,
materials, etc. All drawings will be in Revit or Autocad format.
B. Payments to consultant shall be on or about the first of each month on a pro rata share of the
fee of the work completed as of such date:
1. 40% Schematic phase
2. 20% Design Development phase
3. 15%Construction Document phase
4. 5% Bid phase
5. 20%Construction phase
C. Additional services beyond the above scope shall be at $110/hour for consultant's time and
$70/hour for production staff time,when authorized in writing.
8. SPECIAL CONDITIONS
A. Fee includes an initial site visit and one site visit for final equipment review and punch list.
Additional trips, when requested by the Owner, shall be at standard SDA hourly rates plus
mileage.
B. The fee does not include architectural or engineering services such as site investigation, A/E
drawings or AIE specifications.
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9. TERMINATION OF AGREEMENT
This agreement may be terminated by either party upon seven days written notice should the other
party fall 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, the Consultant shall then be paid for services
performed to termination date, including reimbursements then due,plus terminal expenses.
10. INSURANCE AND MUTUAL ASSISTANCE
The Owner and Consultant 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 hold liable because of any deductible clause
in such insurance.
11. SUCCESSORS AND ASSIGNS
The Owner and the Consultant firm 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 Owner nor the Consultant
shall assign,sublet or transfer his interest In this Agreement without the written consent of the other.
Submitted By: /f/sf Date 5 ria
Stewart Design Assoclat , Inc.
Rock A. Deering, FCSI, President
Accepted By: Date
For:
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