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HomeMy WebLinkAboutSpecialty Engineering Group Roof Design Water Filtration Main BuildingAGREEMENT ltt This AGREEMENT, made on the � day of 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter re(e)red to as CITY, and SPECIALTY ENGINEERING GROUP, LLC, 122 Olin Avenue, Suite 190, Madison, WI 53713, 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 DESIGN SERVICES FOR WATER FILTRATION MAIN BUILDING. ARTICLE I. PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Bruce Flater — Project 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: Pete Gulbronson, P.E. — Environmental Compliance 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. All reports, drawings, specifications, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become property of the CITY upon payment for those documents by the CITY to the CONSULTANT, and shall remain the property of the CITY. 1:\ Engineering\ 2018 CONTRACTS\SEG Roof DesSery-WFP\SEG Agreement -Roof DesServ-WFP_5-7- Page 1 of 6 18.docx 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. ARTICLE VIII. ASBESTOS OR HAZARDOUS SUBSTANCES If asbestos or hazardous substances in any form are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos remediation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. 1:\Engineering\2018 CONTRACTS\SEG Roof Des Sem-WFP\SEG Agreement -Roof Des Serv-WFP_5-7- Page 2 of 6 18.docx If hazardous substances other than asbestos are suspected, CONSULTANT will, if requested, conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. The CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT. ARTICLE IX. CITY'S INSURANCE The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The CITY will provide (or have the construction contractor(s) provide) a Builders Risk All Risk insurance policy for the full replacement value of all project work including the value of all onsite CITY -furnished equipment and/or materials associated with CONSULTANT's services. Upon request, the CITY will provide CONSULTANT a copy of such policy. ARTICLE X. 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 XI. 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 June 22, 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. 1: \ Engineering \ 2018 CONTRACTS \ SEG Roof Des Sem-WFP \ SEG Agreement -Roof Des Sem-WFP_5-7- Page 3 of 6 18.docx ARTICLE XII. 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 $7,140 (Seven Thousand One Hundred Forty Dollars). 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 XIII. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation, and shall indemnify the CITY for all sums including court costs, attorney fees, and damages of any kind which the CITY may be obliged or adjudged to pay on any such claims or demands upon 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. 1:\ Engineering \ 2018 CONTRACTS \ SEG Roof Des Sere-WFP \ SEG Agreement -Roof Des Sem-W FP -5-7- Page 4 of 6 18.docx 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. ARTICLE XIV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XV. 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 XVI. RE -USE OF PROTECT 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 XVII. 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\2018 CONTRACTS\SEG Roof Des Sen,-WFP\SEG Agreement -Roof Des Sm-WFP_5-7- Page Jr of 6 18.docx ARTICLE XVIII. 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) (Witness) APPROVED: r WAR,II I I'd�LN ! wo 6 • CONSULTANT By: (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: % Mark A. Rohloff, City Manager i And: Pamela R. Ubrig, City Clerk I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. Ij!WLSx-►���Mjity Comptroller 1:\ Engineering \2018CONTRACTS\SEGRoof DesSery-WFP\SEG Agreement -Roof DesServ-WFP_5-7- Page 6 of 6 18.docx CS'k; _'ff_ KFM SPECiALTY ENQINEERING GROUP LLC' 122 E. OLIN AV,t NUf , SUITE 190 MADISON, WI 53713 T 262.253.:1700 www.slrvseg.com June 22, 2017 _ RECEIVED — APR 1 9 2018 DEPT OF PU13LI OSHKOSH, WISCp SINS Mr, Pete Gulbronson a -mail, no hard copy to follow City of Oshkosh pgulbronson a@cl.oshkosh,wi.us 215 Church Avenue .Oshkosh, WI 54903-1130 Re: Proposal for Roof Design Services WAter Filtration Main Ruliding Dear Mr. Guibrbnson Specialty Engineeeing Group LLC (STR-SEG) Is pleased to submit the foliowing proposal to the City of Oshkosh, hereinafter referred to as owner, for design services ralaied to the -roof system replacement of Abof Area 7 at the Water Filtration Main $uflding located at 425 Lakeshore. Drive in Oshkosh, Wisconsin STR-SEG proposes the following scope of services, DESIGN DEVELOPMENT STR-SEG will review the Owner's requitemepts and related information Including, but not limited to, schedule, budget, service fife expectations, warrantles, history, building usage, contractor preferences, and contractor insurance requirements, ■ STR-SEG will conduct a pre -design survey of the subject roof areas to evaluate existing conditions, Based on the survey, rbeomMentiallons will be mane on the- scope of Work required along with opijons.and opinions of probable cost, ■ STR•SEG will meet with the.Owner for a final review to. discuss the recommendations and opinlod of probable cost i s they relate to the Owners Objectives prior to the start of design, G(ASTRUGITON DOCUMENTS and 13IDDING + STR-8EG-wI1I prepare a Specification Package from the data-obtalned during the pre -design survey.. The specifications will outline the components Included in the design, `the package will Include a roof pian and roofing details along with lnforniatlon on proper methods of application for each component of the roofsystem, It:will'be prepared to promote eomp'etitive bidding by qualified contractors using. STR-SEG-acceptable products, resulting In a manufacturer's warranty. • STR SEG will assist the Owner In preparing the advertiserrtent from which to solicit bids_ • A Pre-bid Meeting will be hold at the,Jab site. STR-SEG will attend to answer bidder questions and make clarifications for equivalent competitive bids. UR -SEG will assist In the analysis of the. bids. CONTRACT ADMINISTiRAY109. • STR-SEG will provide contract administrafion services cammencing'ai prnJect award. These SerVlces will include: o Review of shop drawings, submittals -arid change Orders. o Review of permits and licensing. `lar ARA; Mr. Guflironson Propasal # 80325 aC" June 22, 2057 Page 2 of 2 o-Revfew of the contracfars:applicatlon for payment and change orders. o Review of contractor warrantl'es:and project closeout documentation, • STR-SEG will conduct a Project Start-up Meeting to review- the project and Owner requirements and conditions; • A qualified representative of STR=SEG will make periodic site visits :at various #Imes during construction to observe the quality and progress of the work and will apprise the; Owner of construction activities and issues that.may.arlse. •. STR-SEG will prepare a punch list of deficient or adtstanding !terms at substantlal completion. Upon notification by the contractor.that the project Is complete we will conduct a final revlew of the completed work prior to acceptance. PROFESSIONAL FI✓ES Compensation for professional services, described above and pursuant to the attached SYR -SEG Genera► Cbnditions shall be lump sum fee of Ten Thousand Two Hundred Dollars ($10,200). The fee will be invoiced as follows: 30% of the t6tal fee upon completion cf OesigriLevelopment. • 40% of the total fee following Construction bacuments and Bidding. 30% due upon completion of project closeout. Reimbursable, expenses are in addition to fees for professional services and represent STR- SEG's out-of-pocket ekpenses made In the -Interest ofthe-project not Included In the base tee per the attached General Conditions. jUTHORIzA-TION STR-SEG will proceed'based on yourwritten acceptance. Please sign and return•the Authorization. page along with a purchase order, if applicable. Upon receipt, we will schedule the work. Should you have�any que'stlons regarding this proposal, please do not hesitate to call. We appreciate this opportunity to serve you and logk forward td wbrking with you on this: project. Yours truly, Specialty Englrieerina Group LLC John Hoeniek Account Manager Cc:. Bruce Flater, PM, STR SEG Russ Mohns, P.E.,•STR SEG Jiro Clark, GM, STR-SI;G A. C C 13 P T S D City of Oshkosh -Utilities SY Title: Date! I