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HomeMy WebLinkAboutPW CNT 14-02/McMahon Associates CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5065 FAX (920) 236-5068 LETTER OF TRANSMITTAL To: Mr. Michael R. Simon Date: May 10, 2013 McMahon Associates, Inc. Subject: Executed Agreement PO Box 1025 North Main Street Design Neenah, WI 54957-1025 Contract 14-02 Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: ❑ For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment Remarks: Enclosed is a copy of the executed agreement for the design of North Main Street. Please reference Res. No. 13-135 on all of your invoices. \ If ou have any questions, please contact us. ~_ Y Y q �L r, MM 1.3 2 ) City Attorney's Office— Copy City Clerk's Office— Original cc: File — Original Signed: TracyTaylor I:\Engineexng12014 CONTRACTS114-02 N Main St Reconst\Project_Information\Correspondence\LOTs\14-02 McMahon LOT-Executed Agreemnt-Des_5-10-13.docx AI6Q '4 114Iw 5-rkEer DES/Un/ ok 16.If.J/-L K Crf CLERk AGREEMENT THIS AGREEMENT, made on the 9th day of April, 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and McMahon Associates, Inc. party of the second part, hereinafter referred to as the CONSULTANT, WITNESSETH: That the City and the Consultant,for the consideration hereinafter named, enter into the following Agreement. The 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: Michael R. Simon, P.E., Associate/Senior Project Engineer 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: Joseph Sargent, P.E., Civil Engineer Senior ARTICLE III. SCOPE OF WORK The Consultant shall provide the services described in the City's Request for Proposal. The Consultant may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. 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. 1 ARTICLE IV. CITY REPONSIBILITIES 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 as agreed upon between the parties at the kickoff meeting. 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. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. The Request for Proposals 3. Consultant's Proposal In the event that any provision in any of the above component parts of this contract 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 VII. PAYMENT A. The Contract Sum. The City shall pay to the Consultant for the performance of the contract the total sum of $221,500.00, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. 2 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. ARTICLE VIII. CONTRACTOR TO HOLD CITY HARMLESS The Consultant covenants and agrees to indemnify and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character to the extent caused by or resulting from the intentional or negligent acts of the Consultant, his agents or assigns, his employees or his subcontractors related to the performance of this Contract or be caused or result from any violation of any applicable law or applicable administrative regulation, and shall indemnify the City for all sums including court costs, reasonable attorney fees, and punitive damages which the City may be obliged or adjudged to pay on any such claims or demands to the extent caused by or resulting from the intentional or negligent acts of the Consultant, or its employees, subcontractors, suppliers, and agents, within thirty (30) days of the date of the City's written demand for indemnification. These terms shall be enforced regardless of whether actions, claims, and any resulting injuries claimed may be considered "material". These terms shall be interpreted broadly in protecting the interests of the City of Oshkosh. ARTICLE V. INSURANCE The Contractor/Consultant agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE X. 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. 3 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. In the Presence of: CONTRACTOR McMAHON ASSOCIATES, INC. m�. -- /i 12Av•Oill. suh � )y, 0'i-2-S"tlZOI '°� •••••L• Vi'C�- !•'rr-43 Ltt SC A/S �v (Seal of Contractor ;a� H (Specify I le) if a Corporation.) =p`t;:' ) �OTAR V PUBLAG :N,.••.. •`cam C F2 - tz / IR su/fc}2 '••.` OF'WISG)�`p (Specify Title) CITY OF OSHKOSH By: ,.e°-- ,,, / Mark A. Rohloff, City Manager (Witness) And:( ikI �r , _ ) (Witness) Pamela R. Ubrig, City erk APP-OVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. �'1�j', t1-t ilL i[s�1 e C' y Attorney Pity Comptr` Il r 4 McMAHON McMAHON ! City of Oshkosh April 24,2009 01 NE1:R'Si- R• n1 E ::1 GENERAL TERMS & CONDITIONS 1. McMahon will bill the Owner monthly with net payment due in 30-days. Past due balances shall be subject to a service charge at a rate of 1,0%per month. In addition, McMahon may, after giving 48-hours notice,suspend service under any Agreement until the Owner has paid in full all amounts due for services rendered and expenses incurred. Ttrese"rsRfrensea iflelude-seraiee-staarges..ocipast..thus-}riaeiees-eofteetiert-egeney-f curter}-by Meted'wmte-zolterratt-'mo'rtte'r fire`NleM211 r8171VECtatsarrand°-ewnurhereby-acknowledge-thaMAsMahen-has-sad-1ieyexereise.-1iau.rights on subject pr°pe#y. g 1-0.03 e GS 4- 24-13 2. The stated fees and Scope Of Services constitute our best estimate of the fees and tasks required to perform the services as defined. This Agreement, upon execution by both parties hereto, can be amended only by written instrument signed by both parties. For those projects involving conceptual or process development services, activities often cannot be fully defined during initial planning. As the project progresses, facts uncovered may reveal a change in direction,which may alter the Scope. McMahon will promptly inform the Owner in writing of such situations so changes in this Agreement can be negotiated,as required. 3. The stipulated fee is firm for acceptance by the Owner for 60-days from date of Agreement publication. 4. Costs and schedule commitments shall be subject to re-negotiation for delays caused by the Owner's failure to provide specified facilities or information,or for delays caused by unpredictable occurrences,including without limitation,fires,floods, riots,strikes, unavailability of labor or materials,delays or defaults by suppliers of materials or services, process shutdowns, acts of God or the public enemy,or acts or regulations of any governmental agency. Temporary delay of services caused by any of the above,which results in additional costs beyond those outlined,may require re-negotiation of this Agreement. 5. Reimbursable expenses incurred by McMahon in the interest of the project including, but not limited to, equipment rental will be billed to the Owner at cost plus 10% and sub-consultants at cost plus 12%. .1 a MsMatrerr,-eabseq reer+aeat,-Tiflets-ita t-maat-be putebased.t°-pcevide-spesiet eefv' _ •- . . • -• , •• '14-be-adeled-te.tbe-ogre aly-after-t noti ese-cCSts. Ma/13 3 4-.24—i3 6.--McMahon-wit#lmaicitai rs-insucance-coverage'irrrttire futtawing-amounts: Wockae-a-GeQ pertsatien /Statutory f} � PcNr611 1 c) OeRerat Liability K BodilyIniucy�.Rer-tneideet-L-Annua Aa agate-------44000,0004-S?980;998- Automobile-l=iability Bop 0� - a j Woe ua•- 4 4-.�4-1 Professional-6iabili4 .Leverage X908 880 _ McMehorrstaallmaiatain-a-ninirmum-arnoubt-ef-ices iatent-with-the-Gity s lasaFance.Requirenaeets-far Totes onal Liabilitji`P'rsviders;a cop ereterexsegt-the-requiremettt of 1.11,whir;h-states-that-.Mc tabon musst contwue..couaraga#oc2yeers-after-lnet-aeesptanne-for serviee/jeb-el att-not-appty-in-thiss-irietease." 7. The Owner agrees to provide such legal, accounting and insurance counseling services as may be required for the project for the Owner's purpose. All unresolved claims, disputes and other matters in question between the Owner and McMahon may be submitted to mediation, if an agreement cannot be reached by Owner and McMahon. 8. Termination of this Agreement by the Owner or McMAHON shall be effective upon 10 calendar days written notice to the other party. The written notice shall include the reasons and details for termination,Payment for satisfactorily performed services is due as stated in paragraph 1. If the Owner defaults in any of the Agreements entered into between McMAHON and the Owner, or if the Owner fails to carry out any of the duties contained in these terms and conditions,McMAHON may,upon 10 calendar days written notice,suspend its services without further obligation or liability to the Owner unless,within such 10 calendar day period,the Owner remedies such violation to the reasonable satisfaction of McMAHON. 9. Re-use of any documents or AutoCAD representations pertaining to this project by the Owner for extensions of this project or on any other project shall be at the Owner's risk. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, Owner further agrees to hold McMahon 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 reuse of the documents or AutoCAD representations by the Owner or by others acting through the Owner where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agencies of the Owner while acting within the scope of their employment. 10. Purchase Orders-In the event the Owner issues a purchase order or other instrument related to the Engineer's services, it is understood and agreed that such document is for Owner's internal accounting purposes only and shall in no way modify, add to or delete any of the terms and conditions of this Agreement. If the Owner does issue a purchase order,or other similar instrument,it is understood and agreed that the Engineer shall indicate the purchase order number on the invoice(s)sent to the Owner. 11. McMahon will provide all services in accordance with generally accepted professional practices. McMahon will not provide or offer to provide services inconsistent with or contrary to such practices nor make any warranty or guarantee, expressed or implied, nor to have any Agreement or contract for services subject to the provisions of any uniform commercial code. Similarly, McMahon will not accept those terms and conditions offered by the Owner in its purchase order, requisition or notice of authorization to proceed,except as set forth herein or expressly accepted in writing. Written acknowledgment of receipt, or the actual performance of services subsequent to receipt, of any such purchase order, requisition or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 12. McMahon intends to serve as the Owner's professional representative for those services, as defined in this Agreement, and to provide advice and consultation to the Owner as a professional. Any opinions of probable project costs, approvals and other decisions made by McMahon for the Owner are rendered on the basis of experience and qualifications,and represent our professional judgment. 13. This Agreement shall not be construed as giving McMahon the responsibility or authority to direct or supervise construction means, methods, techniques, sequence or procedures of construction selected by Contractors or Subcontractors, or the safety precautions and programs incident to the work of the Contractors or Subcontractors. 14. The Owner shall be responsible for maintenance of the structure,or portions of the structure,which have been completed and have been accepted for its intended use by the Owner. All structures are subject to wear and tear, and environmental and man-made exposures. As a result, all structures require regular and frequent monitoring and maintenance to prevent damage and deterioration. Such monitoring and maintenance is the sole responsibility of the Owner. McMahon shall have no responsibility for such issues or resulting damages. MCMAHON ,t 14": 11, ,-'41 :.;49')6 ENGINEERS ARCHITECTS �'��� ' 4200 F . X51 -Th4 Letter Of Transmittal City of Oshkosh Engineering Division Date: April 25, 2013 Room 301 Subject: North Main Street Design 215 Church Avenue Oshkosh WI 54903-1130 Attn.: Joe Sargent McM No. 00005-830103 We are sending you the following: // Attached,Via: CDS ❑ Under Separate Cover Via: ❑ Report/Study ❑ Land Survey Drawings ® Contract/Agreement ❑ Change Order ❑ Plans/Specifications ❑Shop Drawings ❑ Calculations ❑ Check ❑Other: Quantity Date/No. Description 3 4/25/13 Signed agreements These Items Are Transmitted As Checked Below: ❑ For Distribution ❑ Reviewed ❑ Resubmit ❑ Copies/Review ® For Your Use ❑ Reviewed &Revised ❑Submit ❑ Copies/Distribute ®As Requested El Returned For Corrections ❑ Return ❑ Corrected Prints ❑ For Review&Comment ❑ Construction ❑ Examination &Approval ❑Other: Remarks: Joe, If you need anything else from us for the agreement,please let me know. Copy To: Signed: z‘, Carl C. Sutter, P.E., C.C.S. Vice President If Enclosures Are Not As Noted, Kindly Notify Us At Once A CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDYYYY) q 8/1/2012 I 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). ' CONIACI PRODUCER NAME: Andrew Donovan Willis of Illinois, Inc. (Arc.N0 Exe:312-288-7700 _FAX No):312-234-0643 233 S. Wacker Drive E-MAIL Suite 2000 ssiohn.savickaS( Wlllis.com Chicago IL 60606 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A Travelers Property&Casualty Compa 5674 INSURED INSURER a Travelers Indemnity Company of Amer 5666 McMAHON INSURER c Liberty Insurance Underwriters Inc 19917 P.O.Box 1025 _INSURER D: Neenah WI 54957 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:2033628287 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 YPE OF ADDL SUER POLICY EFF POLICY EXP LIMITS F INSURANCE INSR WVD I POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) B GENERAL LIABILITY 6807282L910 :!1/2012 3/1/2013 EACH OCCURRENCE I $1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 LOC $ • POLICY X ,PRO I COMEINED SINGLE LIMIT B AUTOMOBILE LIABILITY BA7276L626 3/1/2012 3!1/2013 (Ea accident) $1,000,000 ALL L OWNED SCHEDULED BODILY INJURY(Per person) $ -X ANY AUTO BODILY INJURY(Per accident) $ AUTOS AUTOS - NON-OWNED PROPERTY DAMAGE $HIRED AUTOS AUTOS (Per accident) $ B IX UMBRELLA LIAB X OCCUR XSMCUP8106Y575 3/1/2012 9/1/2013 EACH OCCURRENCE 1$5,000,000 - EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 [ DEO X ,RETENTION$10000 $ A WORKERS COMPENSATION XJUB8847Y261 8/1/2012 5/1/2013 x WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y!N E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE,$500,000 • If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 C Professional AEE1972870112 8/1/2012 3/1/2013 $3,000,000 per claim Liability $5,000,000 aggregate DESCRIPTION OF OPERATIONS f LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Additional Insured-General Liability is included per form CG D3 81 09 07,as required by written contract, but only as respects liability arising out of the activities performed by or on behalf of the named insured. Additional Insured-General Liability and Automobile Liability: ' City of Oshkosh, and its Officers,Council Members,Agents, Employees and authorized Volunteers CERTIFICATE HOLDER CANCELLATION 30 days (10 for non-payment) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. City Clerk 215 Church Avenue, PO Box 1130 AUTHORIZED REPRESENTATIVE �y�Oshkosh WI 54903-1130 �" --10 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD THE MCMAHON ENGINEERS/ARCHITECTS PROPOSAL FOR NORTH MAIN STREET NEW YORK AVE - MURDOCK AVE (PROJECT 4994-01-14/15) IS ON FILE AND AVAILABLE FOR REVIEW IN THE CITY CLERKS OFFICE (DOC #11645) ?tArblie., VJ o(k5 Con4i2te 4 4t 14-00.