08-24-2020 Council Packet - Laserfiche WebLink

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Page 1 of 7 Client Name AGREEMENT THIS WATER TANK MAINTENANCE SERVICES AGREEMENT (hereinafter called “Agreement”) is made as of the ____ day of _______________, 2020 (the “Effective Date”) by and between the City of Orono (hereinafter called “Owner” or “City”) and SEH Design|Build, Inc., with its principal place of business at St. Paul, Minnesota (hereinafter called “SEH D|B”). In consideration of the agreements hereinafter contained, the parties hereto agree as follows: 1. SCOPE OF SERVICES The Owner retains SEH D|B to furnish the services set forth on the attached Exhibit “A” and Exhibit “B” (referred to as “Schedule” and “Scope” of services). SEH D|B agrees to perform the services. SEH D|B shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary for the Water Tank Services and all materials, equipment and improvements ancillary thereto specified on Exhibit “B” (Sometimes referred to herein as “the Project Scope”). The Project bound by this Agreement is: Water Tank Maintenance Contract Amendment The work to be performed under this Agreement shall be done under the review of a professional engineer licensed in the State of Minnesota, who shall attest that the work will be performed in compliance with all applicable codes and engineering standards. All procurement and construction shall be in accordance with drawings, specifications or other documents to be prepared by SEH D|B in accordance with design premises, performance requirements and other criteria set forth or referenced in the Exhibits hereto. The work shall be performed as set forth in the Contract Documents, which includes this Agreement and Exhibits, including Exhibit “A” – Schedule of Services, Exhibit “B” – Scope of Services, and Exhibit “C” – Compensation Schedule. In the event any ambiguity or conflict between the Contract Documents listed above, the order of precedence shall be the following order: (i) this Agreement; (ii) Exhibit “A”, (iii) Exhibit “B”, (iv) Exhibit “C”. 2. REPRESENTATIVES Owner has designated ______________ (name), ______________ (title) for the City of Orono (the “Owner Representative”), and SEH D|B has designated Mr. Steve Peterson (the “SEH D|B Representative”). The Owner Representative and the SEH D|B Representative shall be available as often as is reasonably necessary for reviewing the Water Tank Services herein, providing required information or decisions, and for authorizing changes therein as may be required. 3. COMPENSATION SEH D|B shall be paid by the Owner for the services described in paragraph 1 (further described in Exhibit C) in accordance with the amounts designated in Exhibit C for each year of service, inclusive of reimbursable costs. 4. INVOICING 4.1 The invoice for the first year fee will be submitted upon completion of the work done in the first year. Invoices for the subsequent fees will be submitted in the anniversary month of this Agreement. 4.2 Invoices for change orders shall be separately mailed and billed as outlined in the Change Order. 4.3 Amounts more than 30 days past due shall accrue interest at the lesser of 1.5% per month or at the maximum rate allowed by law. If the Owner fails to make timely payment, SEH D|B may suspend work until receipt of payment. 4.4 Invoices for services required for the engineering, repair and services required to bring the water tank or appurtenant facilities into compliance with applicable federal, state and local codes shall be separately itemized by SEH D|B and payment shall be spread over a period of not less than three years from the Effective Date.