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HomeMy WebLinkAboutSpecialty Engineering Group Roof Survey Update of Water DistributionAGREEMENT 3 33 0 This AGREEMENT, made on the 3 day of e 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and SPECIALTY ENGINEERING GROUP LLC, N78W16785 Appleton Avenue, Suite 201, Menominee Falls, WI 53051, party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for ROOF SURVEY UPDATE OF WATER DISTRIBUTION BUILDING. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: John Hoenick — Account Manager 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 AGREEMENT: Bob Johnson — Water Distribution Manager ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. L\ Engineering\ Tracy Taylor\James' Agreements\SEG Agreement -Roof Sury Update-WFP Bldg -10-23- Page 1 Of 6 17.docx All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall remain the property of the CITY. ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re -perform any services not meeting this standard without additional compensation. ARTICLE V. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND SCHEDULES In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, it is understood between the parties the CONSULTANT makes no warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT's opinions, analyses, projections, or estimates. ARTICLE VI. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VII. CITY RESPONSIBILITIES 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. l:\Engineering\Tracy Tay)or\James'Agreements\SEG Agreement-RoofSury Update-WFPBldg_]0-23- Page 2 of 6 17.docx ARTICLE VIII. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's Proposal. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees the CONSULTANT is not responsible for damages arising directly or indirectly from any delays for causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or differing site conditions. If the delays resulting from any such causes increase the time required by the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT shall be entitled to an equitable adjustment in schedule. ARTICLE IX. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts, all of which are as fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. CONSULTANT's Proposal dated October 5, 2017 and attached hereto In the event any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. ARTICLE X. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Lump Sum Not to Exceed $400 (Four Hundred Dollars). 1:\ Engineering \ Tracy Taylor \ lames' Agreements \ SEC Agreement -Roof Sun, Update -W FP Bldg -10-23- Page 3 Of 6 17.ducx B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (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. Indirect Costs. Indirect costs such as computer time, printing, copying, cell phone charges, telephone charges, and equipment rental shall be considered overhead and shall not be invoiced separately to the PROJECT. E. Expenses. Expenses may be billed with up to a maximum of 10% mark-up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s) not including documentation. ARTICLE XI. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her 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, 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 for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT 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 re -use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. L\ Engineering \ Tracy Taylor \ James' Agreements \ SEG Agreement -Roof Sore Update -W FP Bldg_) 0-23- Page i Of 6 17.docx ARTICLE XII. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XIII. 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 AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (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. ARTICLE XIV. RE -USE OF PROJECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. The CITY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized re -use, change, or alteration of these project documents. ARTICLE XV. SUSPENSION, DELAY, OR INTERRUPTION OF WORK The CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of the CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. 1:\Engineering\Trac}Taylor\lames'Agreements\SEC Agreement-RoofSurvUpdate-N'PPBldg-]0-23- Page 5of 6 17.docx ARTICLE XVI. NO THIRD -PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third -party beneficiaries. In the Presence of: (Seal of Consultant if a Corporation) (Witness) CONSULTANT By: �P �c.� / i►' lav�G�r�� ;!� (Specify Title) By: (Specify Title) CITY OF M -5-/7 Rabe, Director of Public Works I: \ Engineering \ Tracy Taylor \ lames' Agreements \ SEG Agreement -Roof Sury Update -"TP Bldg_? 0 -23 -Page 6 Of 6 17.docx S T Fi SPECIALTY ENGINEERING GROUP LLC _ r489W 16785 APPLET014 AVE. SUITE 201 S E 4c MENONIONEr. rntLS. WI 53051 1 262.253.47W v wW.slf-se9.com October 5, 2017 Mr. Bob Johnson City of Oshkosh 215 Church Avenue PO Box 1130 Oshkosh, WI 54903-1130 Re: Proposal for Roof Survey Update Water Distribution Building Dear Mr. Johnson: e-mail, no hard copy to follow BJohnson(oci.oshkosh.wi. us RECEIVED OCT 2 0 2017 DEPT OF PUBLIC WORKS OSHKOSH, WISCONSIN Specialty Engineering Group LLC (STR-SEG) is pleased to submit to the City of Oshkosh, hereinafter referred to as Owner, the following proposal for a roof survey update of the Water Distribution Building located at 757 W. 31d Avenue in Oshkosh, Wisconsin. The scope of the visual roof survey will include: • Observations to determine the roofs general appearance, surface conditions, and membrane characteristics and conditions; • Observations of the edge conditions of the roof, including base flashings, counter -flashing, coping, perimeter walls, and fascia; • Observations around equipment to including flashing, caulking, traffic patterns, drainage and contaminates; • Observations of pitch pans/pockets, vents, drains, and other roof penetrations; • Observations of building exterior wall materials and penetrations, associated with the roof system, such as scuppers and overflow outlets; • Observations of expansion joints and control joints; • Observations of the general drainage characteristics of the roofs; • A roof plan (PDF) showing significant features and possible problem areas will be available online at the STR-SEG Facility Management System (FMS) web -based database; • A repair list, including digital photographs, will be accessible at the online FMS database; • A corresponding repair drawing (PDF) noting recommended repairs will also be accessible at the online FMS database. The data gathered as the result of the roof survey update, including condition photos, shall be uploaded to the STR-SEG FMS database for the express use of the Client. The data will address the general condition of the roofs and will present recommendations for any additional services that may be required. The scope of services will be limited to a visual survey and does not include actual testing of the roofs; therefore, if problems are suspected, additional services will be recommended. OWNER'S RESPONSIBILITIES The Owner, or their representative, will provide roof access and any relevant property information. Sr T R Mr. Johnson Proposal #60427 E G October 5, 2017 Page 2 of 2 PROFESSIONAL FEES It is proposed that the fee for the roof survey be Four Hundred Dollars ($400.00). The woAr-will-be an o e a ac - fee will be invoiced upon survey completion. AUTHORIZATION STR-SEG will proceed based on your written acceptance. Please sign and return the Authorization page with a purchase order, if applicable. Upon receipt, we will schedule the work. Should you have any questions regarding this proposal, please do not hesitate to call. We appreciate this opportunity and look forward to working with you on this project. Yours truly, Specialty Engineering Group LLC John Hoenick Account Manager CC: Bruce Flater, PM; STR-SEG Russ Mohns, P.E.; STR-SEG Jim Clark, GM; STR-SEG A C C E P T E D City of Oshkosh By: Title: Date: Client#: 1366307 SPECIENG ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 10/25/2017 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 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 the certificate holder in lieu of such endorsement(s). PRODUCER .FCF.,IVFD USI Ins Srvcs LLC Euclid -Prof 2021 Spring Road, Suite 100 Oak Brook, IL 60523 OCT 3 0 2017 312 442-7200 P411-31 1C WORKS CONTACT NAME: P""ONN :630 625-5219 FAX No): 610 537-4939 E-MAIL ADDRESS: laurie.cloninger@usi.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers Property Cas. Co. of 25674 INSURED DEV Specialty Engineering GriDUAIL�L113""• WISCONSIN STR Building Resources, LLC N89W16785 Appleton Ave Ste 201 Menomonee Falls, WI 53051 INSURERTlers Indemnity Company 25658 INSURER C :ACE American Insurance Company 22667 INSURER D INSURER E : INSURER F 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 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP LIMBS MM/DD A X COMMERCIAL GENERAL LIABILITY 6808J501958 9/16/2017 09/16/2018 EACH $110001000 4 �OCCURRENCE PREMISES EaENrrence CLAIMS -MADE OCCUR $1,000,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PR POLICY a ECOT- F LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY 6808J501958 9/16/2017 09/16/2018 COMBINED SINGLE LIMIT Ea accident $1,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X X NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per. accident _ B X UMBRELLA LIAB X OCCUR CUP8J503189 9/16/2017 09/16/2018 EACH OCCURRENCE s5,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE s5,000,000 _ DED TXTRETENTION $10,000 1 $ B WORKERS COMPENSATION UB8J502678 0911612017 09/16/2018 X PER OTH- IER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/ PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? J N / A (Mandatory In NH) E.L. DISEASE- EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional EONG2550092002 9/16/2017 09/16/2018 $2,000,000 each claim / Liability $2,000,000 annual aggr. DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) The General Liability, Automobile Liability and Umbrella Liability policies include an automatic Additional Insured endorsement that provides Additional Insured status to City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers, only when there is a written contract that requires such status, and only with regard to work performed on behalf of the named insured. The General Liability and Automobile Liability policies contains a special endorsement with Primary and Noncontributory wording, (See Attached Descriptions) t,rMI lr'IL Al C r1VLUCt( City of Oshkosh Attn: City Clerk 215 Church Avenue PO Box 1130 Oshkosh, WI 54903-1130 ACORD 25 (2014/01) 1 of 2 #S21786621 /M21476291 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LSAZP DESCRIPTIONS (Continued from Page 1) when required by written contract. Professional Liability is written on a 'claims made' policy form. SAGITTA 25.3 (2014/01) 2 Of 2 #S21786621/M21476291 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION 11 — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies, or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured: c. With respect to the independent acts or omissions of such person or organization; or d. For "bodily injury", "property damage" or "personal injury" for which such person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: e. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. f. This insurance does not apply to the rendering of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section III — Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have signed that "written contract requiring insurance". But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance. CG D3 81 09 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc., with its permission