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HomeMy WebLinkAboutHGM Architecture, Inc 3/11/2011 c L AGREEMENT THIS AGREEMENT, made on the "1 day of March 2011, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and HGM ARCHITECTURE, INC., 805 North Main Street, P.O. Box 976, Oshkosh WI 54903 -0976, hereinafter referred to as the CONSULTANT, WITNESSETH: That the City and the Contractor /Consultant, for the consideration hereinafter named, enter into the following agreement. The Contractor /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 I. PROJECT MANAGER A. Assignment of Project Manager. The Consultant shall assign the following individual to manage the project described in this contract: Ronald D Hansche, AIA, Partner 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 contract: Chad Dallman, Park Operations Manager ARTICLE III. SCOPE OF WORK The Consultant shall provide the services described in the City's Request for Proposals and Proposal of the Consultant. If anything in the Proposal conflicts with the Request for Proposals, the provisions in the Request for Proposals shall govern. The Consultant may provide additional products and /or services if such products /services are requested in writing by the Authorized Representative of the City. 1 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. 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 be commenced and the work completed within the time limits specified in the Request For Proposal. 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, 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 VI. PAYMENT A. The Contract Sum. The City shall pay to the Consultant for the performance of the contract the total sum of $11,800.00, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. 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. 2 ARTICLE VII. 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 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 VIII. INSURANCE The Consultant agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE IX. 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. 3 In the Presence of: HGM ARCHITECTURE, INC L oL t()&404 By: (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH ,, "24-e-e-------- By: .t._ - / Mar A. Rohloff, City Manager fitness) / F W. i 2% 4 i'. - And: - - y . _ " _ / U (Witness) Pamela R. Ubrig, City CIS APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will " accrue under this contract. dilliCi , Al kin 1 / . A__.a 1 0 0 ity Attor P , S l e 0 - City Uornptroller 4 / ® DATE (MWDONYYY) A RD CERTIFICATE OF LIABILITY INSURANCE 4/7/2011 • 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 Ileu of such endorsement(s). PRODUCER CONTACT Willis_ A &E Group Willis Of Illinois PHONE FAX IA1C, No. Exit 233 South Wacker Dr. E Suite 2000 ADDRESS: Chicago IL 60606 INSURERS) AFFORDING COVERAGE NAIC0 • • INSURER A:HudsOTI Insurance Company 25054 • INSURED INSURER B Tr. vet - .. 1 • - lr_r ' om • an • _ .:2 HGM Architecture, Inc. INSURER C: Mr. Ronald D. Hansche, AIA INSURER 0: 805 North Main Street INSURER E: Oshkosh WI 54902 INSURER F : COVERAGES CERTIFICATE NUMBER: 1124 055935 REVISION NUMBER: THIS ES 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. ADOLISUBR POLICY EFF POLICY EXP ILTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMADDIYYYY) IMMIDDIYYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES (Ea QcpNrenCe) $ ' CLAIMS -MADE OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: _PRODUCTS - COMP/OP AGG $ 1 POLICY n PRO- LOC S AUTOMOBILE LIABILITY (Ea accident SINGLE LIMIT _$_._ • ANY AUTO BODILY INJURY (Per person) S AUTOS ED SCHED LED BODILY INJURY (Per aatdent) 5 NON -OWNED P DAMAGE S HIRED AUTOS AUTOS $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LtAB CLAIMS -MADE AGGREGATE $ DED 1 RETENTION S S 6 WORKERS COMPENSATION XDTSEUB7125Y42610 9/1/2010 2/1/2011 X I TORUM)TS ER _ Y I IO AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE IYf f I N f A E.L. EACH ACCIDENT 51, 000, 000 OFFICER/MEMBER EXCLUDED? - • (Mandatory In NH) E DISEASE - EA EMPLOYEE 51, 000, 000 j • 1 yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 31, 000, 000 A Professional Liability AEE7102906 11/26/2010 11/26/2011 $1,000,000 per claim 51,000,000 aggregate j i DESCRIPTION OF OPERATIONS: LOCATIONS !VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space Is required) I I • I • CERTIFICATE HOLDER _ CANCELLATION • • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN • ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE {{ • ._ 1 � .1 © 1988 -2010 ACO t. OR A I rig rved. • ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD Certificate of Insurance This certifies that x State Farm Fire and Casualty Company, Bloomington, Illinois " "" "`"` State Farm General Insurance Company, Bloomington, Illinois State Farm Fire and Casualty Company, Aurora, Ontario ,N,UR "N 9. State Farm Florida Insurance Company, venter Haven, Florida State Farm Lloyds, Dallas, Texas insures the following policyholder for the coverages indicated below: Policyholder H G M ARCHITECTURE INC Address of policyholder 805 N MAIN ST OSHKOSH WI 54901 -4446 Location of operations VARIOUS Description of operations BUSINESS - OFFICE ARCHITECTURE The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject lo all the terms, exclusions, and conditions of those policies. The limits of liability shown may have bean reduced by any paid claims. Policy Period Limits of Liability Policy Number Type of Insurance Effective Date 1 Expiration Date (at beginning of policy period) 99-17-2496-6 F Comprehensive FEB - - i FEB - 13.12 BODILY INJURY AND Business Liability i PROPERTY DAMAGE This insurance includes: © Products - Completed Operations Q Contractual Liability Each Occurrence $ 1,000,000.00 © Personal Injury p Advertising Injury General Aggregate $ 2,000,000.00 a • Product - Completed $ 2,000,000.00 Operations Aggregate Policy Period BODILY INJURY AND PROPERTY DAMAGE Polley Number EXCESS LIABILITY Effective Date � Expiration Date (Combined Single limit) 49 -BV- 9279 -2 F El Umbrella MAY -18 -10 I MAY -18 -11 Each Occurrence $ 1,000,000.00 Other Aggregate $ 1,000,000.00 Policy Period Effective Date 1 Expiration Date Part I - Workers Compensation - Statutory _ Workers' Compensation Part II - Employers Liability • and Employers Liability Each Accident $ Disease - Each Employee $ I Disease - Policy Limit $ Policy Period Limits of Liability Policy Number Type of Insurance Effective Date l Expiration Date (at beginning of policy period) 230 7654- B16 -49W AUTO INSURANCE FEB -15 -11 I AUG -15.11 100/300/50 I _ THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCR1BED HEREIN. Name and Address of Certification Holder If any of the described policies are canceled before ADDITIONAL INSURED: their expiration date, State Farm try to mail a CITY OF OSHKOSH,AND ITS OFFICERS, COUNCIL MEMBERS, written notice to the certificate holder 10 days AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS before Cancellation. If we fail to mail such notice, no obligation or liability will be imposed on Stale Fatm or its agents or representatives. T / v" Ignalure of Authorized p resent AGENT 4/6/2011 Title Date KIM HERZBERG Agent Name Telephone Number (920) 231 - 6220 Agent's Code Stamp Agent Code 49/6273 AFO Code F716 1ooi260 106399.10 08.25 -2009