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HomeMy WebLinkAboutTR Karrels Restroom Renovation Westhaven Circle Park 139a � RECEIVED FEB 2 7 2019 rJs:� vdia ,��' City of W CITY CLERK'S OFFICEOshkosh PROFESSIONAL SERVICES AGREEMENT RESTROOM RENOVATION—WESTHAVEN CIRCLE PARK THIS AGREEMENT, made on the 6TH day of FEBRUARY, 2019, by and between the CITY of OSHKOSH, hereinafter referred to as CITY, and T.R. KARRELS &ASSOCIATES SC, 1934 ALGOMA BLVD., OSHKOSH WI 54901 hereinafter referred to as the CONSULTANT. WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following Agreement. 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 Professional Services Proposal dated JANUARY 31,2019, and attached hereto. In the event that 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. CITY REPRESENTATIVE The CITY shall assign the following individual to manage this Agreement: Chad Dallman, CPRP,Assistant Director,Parks Department SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's attached Professional Services Proposal. CITY may make or approve changes within the general Scope of Services contained within the Professional Services Proposal and in this AGREEMENT.If such changes affect CONSULTANT's cost or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us RECORDS AND INSTRUMENTS OF SERVICE The City acknowledges the CONSULTANT's reports, drawings, data, computer files, and other materials, documents prepared by the CONSULTANT as instruments of professional service. Nevertheless, the plans and specifications prepared under this Agreement shall become the property of the City upon completion of the work and payment in full of all monies due to the CONSULTANT. The City agrees, to the fullest extent permitted by law, that consultant does not warranty or guaranty its deliverables in the context of only reuse or modification of the instruments of service by the City or any person or entity for which the City is responsible. Any document related to this agreement, whether in electronic or paper form, is considered a public record and shall be provided to the City upon request. The CONSULTANT may provide the City with an explanation of why they believe any document should not be released to the public. The City shall make all final determinations regarding the release of any document related to this Agreement. TERM AND TERMINATION A. Term. This Agreement shall commence upon the date indicated above and shall terminate on DATE, unless terminated earlier by one of the parties as provided below, except that CITY may extend this Agreement,upon written notice to CONSULTANT. B. Termination. 1. for Cause. If either party shall fail to fulfill in timely and proper manner any of the obligations under this Agreement, the other party shall have the right to terminate this Agreement by written notice. In this event, the CONSULTANT shall be entitled to compensation to the date of delivery of the Notice. 2. for Convenience. The CITY may terminate this Agreement at any time by giving written notice to the CONSULTANT no later than 30 calendar days before the termination date. TIME OF COMPLETION The CONSULTANT shall perform the services under this Agreement with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees that 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, or failure of performance by the CITY. 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. SUSPENSION,DELAY,OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the Services of CONSULTANT for the convenience of CITY. In such event,CONSULTANT's contract price and schedule shall be equitably adjusted. ASSIGNMENT Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including, but not limited to, monies that are due or monies that may be due) without the prior written consent of the other party. INDEPENDENT CON rE ACTOR CONSULTANT is an independent contractor and is not an employee of the CITY. COOPERATION IN LITIGATION AND AUDITS CONSULTANT shall fully and completely cooperate with the City, the City's insurer, the City's attorneys, the City's Auditors or other representative of the City(collectively, the "City" for purposes of this Article) in connection with (a) any internal or governmental investigation or administrative, regulatory, arbitral or judicial proceeding (collectively "Litigation") or internal or governmental Audit, with respect to matters relating to this Agreement; other than a third party proceeding in which CONSULTANT is a named party and CONSULTANT and the City have not entered into a mutually acceptable joint defense agreement. Such cooperation may include,but shall not be limited to, responding to requests for documents and/or other records, and making CONSULTANT's employees available to the City (or their respective insurers, attorneys or auditors) upon reasonable notice for: (i) interviews, factual investigations, and providing declarations or affidavits that provide truthful information in connection with any Litigation or Audit; (ii) appearing at the request of the City to give testimony without requiring service of a subpoena or other legal process; (iii) volunteering to the City all pertinent information related to any Litigation or Audit; and (iv) providing information and legal representations to auditors in a form and within a timeframe requested. City shall reimburse CONSULTANT for reasonable direct expenses incurred in connection with providing documents and records required under this paragraph and may require, at the City's sole discretion,such expenses to be documented by receipts or other appropriate documentation. Reasonable direct expenses include costs, such as copying, postage and similar costs; but do not include wages, salaries,benefits and other employee compensation. CONSULTANT shall not be entitled to additional compensation for employee services provided under this paragraph. 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. 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. CONSULTANT may reasonably rely upon the accuracy,timeliness,and completeness of the information provided by CITY. 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. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the Agreement the amount of $7,600.00 in the Cost portion of the Consultant's Professional Services Proposal. 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. 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, its agents or assigns, its employees, or its SUBCONSULTANT related 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), which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CITY, its agents or assigns, its employees, or its SUBCONSULTANTS related to the performance of this Agreement or be caused or result from any violation of any law or administrative regulation,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. It is the intention of the parties to this Agreement that each party shall be solely responsible for its own actions and activities and the actions and activities of its own officers,employees and agents while acting within the scope of their employment INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements for Professional Services. WHOLE AGREEMENT/AMENDMENT 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. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. AGREEMENT NOT TO BE CONSTRUED AGAINST ANY PARTY This Agreement is the product of negotiation between the parties hereto and no term, covenant or provision herein or the failure to include a term, covenant or provision shall be construed against any party hereto solely on the basis that one party or the other drafted this Agreement or any term,covenant or condition contained herein. NO WAIVER Failure of either party to insist upon the strict performance of terms and provisions of this agreement, or any of them, shall not constitute or be construed as a waiver or relinquishment of that party's right to thereafter enforce such term or provision,and that term of the provisions shall continue in full force and effect. NON-DISCRIMINATION The Operator agrees not to discriminate in its operations under this Agreement on the basis of race,color, creed, age, and gender, or as otherwise prohibited by law. A breach of this covenant may be regarded as a material breach of this Agreement SEVERABILITY If any term, covenant, condition or provision of this agreement shall be invalid or enforceable, the remainder of this agreement shall not be affected thereby the remainder of the agreement shall be valid and enforceable to the fullest extent permitted by law. CHOICE OF LAW AND VENUE The laws of the State of Wisconsin shall govern the interpretation and construction of this Agreement. Winnebago County shall be the venue for all disputes arising under this Agreement. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract to be sealed with its corporate seal and to be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and CONSULTANT hereunto set its hand and seal the day and year first above written. In tVresence of: Name of CONSULTANT Company 'rm By: .9%-ffAte ior L��S�J8ie- (Seal of CONSULTANT (Specify Title) if a Corporation.) CITY OF OSHKOSH By: Mark A.Ro loff, City Manager f itne And: )._,(13),3) itn-.$) Pamela R.Ubrig, City C erk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract Ci ttorney 1(\clf)C1 j`Clik City Comptroller engineers T.R. Karrels & 'associates sc architects January 31,2019(revised) City of Oshkosh, Parks Department 805 Witzel Avenue Oshkosh,WI 54902 Attn: Chad Dallman Assistant Director, Parks Department RE: Restroom Renovation—Westhaven Circle Park 1625 Westhaven Drive—Oshkosh,WI Dear Chad, T.R. Karrels&Associates,SC is pleased to present this proposal for design services for the above-referenced project. PROJECT DESCRIPTION The proposed project will consist of providing construction documents, plan review submittal and required onsite observation for this project. This building is an existing 650 SF masonry structure with a wood truss roof system. Work consists of interior renovations/alterations including mechanical and electrical work as part of the base bid and exterior improvements to the doors, masonry repairs,fascia and soffits. SCOPE OF SERVICES Services shall include the following: Design Development Phase • Meet with Owner to understand program • Preliminary drawings • State Building code review as necessary for project • Discuss with consultants > Electric > Meet with owner to review findings Construction Documents Phase • Architectural Drawings > Plans > Elevations > Building Sections > Wall Sections > Details • Send drawings to consultants > Electrical • Structural design of floor slab and support foundations • Final review of our drawings • Coordinate our drawings with consultants • Edit Specifications Obtain Approvals Phase • Complete building plan review forms for submittal • Electronic submittal of plans to City of Oshkosh Inspections Office for review/approval Competitive Bidding Phase • Help with advertise for bidding • Organize plan holders list and contacts 1934 Algoma Blvd I Oshkosh WI 54901 I P 920.426.4470 I F 920.426.8847 1 • Answer questions during bidding • Issue Addendum • Review(receive)Bids with owner-select contractor Construction Phase • On site observation • Certify contractor request for payments • Provide punch list • Provide completion statement Review of Shop Drawings Phase • Doors/Frames • Hardware • Plumbing • Electrical ITEMS EXCLUDED FROM SCOPE OF SERVICES: • Cost of document reproduction • State and local plan review fees • State and local construction permits • Construction estimating • Printing and distribution of plans to bidders COMPENSATION: Compensation for Architectural/Structural Services to be as follows: A lump sum fee of$7,600.00 The fee breakdown is as follows: • Architectural/Electrical: $6,800 (This includes updated rate increases for architectural and electrical design services). • Structural design: $800 (This is for required structural floor slab design necessary to address slab settlement. This was not required for previous renovation projects). If additional services are required or requested, they will be provided on a time and material basis based on the following hourly rates: Engineering/Principal: $99/hr Architectural: $90/hr Designer. $80/hr Architect in Training: $76/hr Cad Drafting: $72/hr Sincerely, T.R. Karrels&Associates,SC Tom Karrels, PE Owner Enc: 2 TRKARRE-01 SCLARK -4(:)RLJ- DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2J6i2019 • 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 have ADDITIONAL INSURED provisions or 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 CONTACT Shelly Clark Richards Insurance of Oshkosh,LLC PHONEFAX PO Box 2424 (NC,No,Ext):(920)235-1980 (A/c,No):(920)235-1982 48 North Oakwood Road E-MAIL ss:sclark@richardsinsurance.com Oshkosh,WI 54903 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Owners 32700 INSURED INSURER B:AutoOwners Insurance 18988 T R Karrels and Associates SC INSURER C: Tom Karrels 1934 Algoma Blvd INSURER D: Oshkosh,WI 54901 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSO WVO IMM/DDIYYYYI IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY _EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR 5102686400 1/13/2019 1/13/2020 DAMAGE TO RENTED 300,000 X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ Included GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X yea LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 2,000,000 (Ea accident) ANY AUTO 5102686400 1/13/2019 1/13/2020 BODILY INJURY(Per person) $ OWNED SCHEDULED _ AUTOS ONLY AUTOS _BODILY INJURY(Per accident) $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per / - UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 61171411 2/22/2019 2/22/2020 E.L.EACH ACCIDENT $ 500,000 OFFICER/MFMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yps,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Restroom Renovation-Westhaven Circle Park 1625 Westhaven Dr,Oshkosh,WI Additional insured per attached endorsements.30 day notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn:City Clerk PO Box 1130 --- - - Oshkosh,WI 54903-1130 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The C RD name and low ar i tered marks of ACORD PDF created with pdfFactory Pro trial version wwvv.prniaetory.com Agency Code 23-0560-00 Policy Number 51-026-864-00 54619(8-94) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESSOWNERS ADDITIONAL INSURED ENDORSEMENT THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE BUSINESSOWNERS LIABILITY COVERAGE FORM. SCHEDULE' Name of Person or Organization: CITY OF OSHKOSH Address: 215 CHURCH AVE OSHKOSH WI 54901 Interest: LOC 1 It is agreed: WHO IS INSURED is amended as follows: The person or organization shown above is an insured but only with respect to their liability: 1. to which this insurance applies; and 2. which arises out of the specific interest described above. The limits of insurance for the additional insured are those specified in the written contract or agreement between the Insured and the person or organization named above, not to exceed the limits provided in this policy. These limits are inclusive of and not in addition to the limits of insurance shown in the Declarations. All other terms and conditions of the policy apply. if the information is not shown in the Schedule, it will be shown in the Declarations. PDF created with pdfFactory Pro trial version www.pdffactory.com PDF created with pdfFactory Pro trial version www.pdffactory.com • Agency Code 23-0560-00 Policy Number 51-026-864-00 54700(8-94) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ENGINEERS, ARCHITECTS, OR SURVEYORS This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY The following is added to Paragraph C. WHO IS AN INSURED in the Businessowners Liability Coverage Form: 4. Any architect, engineer, or surveyor engaged by you is also an insured but only with respect to liability arising out of your premises or "your work". The insurance with respect to such architects, engineers, or surveyors does not apply to "bodily injury," "property damage," "personal injury" or "advertising injury" arising out of the rendering of or the failure to render any professional services by you or for you, including: a. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; and b. Supervisory, inspection, or engineering services. The limits of liability for the additional insured are those specified in the written contract or agreement between the Insured and the contract or agreement holder, not to exceed the limits provided in this policy. These limits are in- clusive of and not in addition to the limits of insurance shown in the Declarations. Includes copyrighted material of Insurance Services Office,Inc.,with Its permission Copyright,Insurance Services Office,Inc.,1985 PDF created with pdfFactory Pro trial version www.pdffactory.com PDF created with pdfFactory Pro trial version www.pdffactory.com