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HomeMy WebLinkAboutPW CNT 13-11/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. Carl Sutter Date: June 21, 2013 McMahon Associates, Inc. Subject: Executed Agreement PO Box 1025 Design & Bidding Services for 2013 Neenah, WI 54957-1025 Sanitary Sewer Manhole Rehabilitation Program Contract 13-11 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 El For Review& Comment Remarks: Enclosed is a copy of the executed agreement for design and bidding services for the 2013 sanitary sewer manhole rehabilitation program. A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you have any questions, please contact us. City Attorney's Office —Copy City Clerk's Office—Original ► cc: _ File— Original Signed: 2 • Tra . Taylor I:\Engineering113-11 San MH Rehab-1&I\Project Information\Correspondence\LOTs113-11 McMahon LOT-Des&Bid Sery Executed Agreemnt_6-21-13.docx bESty N 6Lohov6 sErocEs o l3 54N t 4ky SEwE . 41.H. eE tl4, AGREEMENT f THIS AGREEMENT, made on the Z 11 t3 , 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: Carl C. Sutter, P.E.. Vice President 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 on a time and materials basis not to exceed the total of$14,950.00, 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. CGK81.71-1'4-I4 r In the Presence of: McMAHON A SOCIATES, INC. By: V it"- Pra,&hi t (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: re Mar A. Rohloff, City Mpnager (Witness) And: 'ZS .*L & ,r (Witness) Pamela R. Ubrig, City lerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will r _ , accrue under this contract. x.4.1 �- r`1. ti ' At orney 274)4 City Comrkflld 4 A`°R°® CERTIFICATE OF LIABILITY INSURANCE 8/1/2012ID0/YYYY) 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). • PRODUCER NAME:CONTACT Andrew Donovan Willis of Illinois, Inc. IA/CC."IV.Exe:312-28Z-7709 _FAX No):312-234-0643 233 S. Wacker Drive E-MAIL Suite 2000 ADDRESS:john.savickas�a willis.com ' Chicago IL 60606 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property&Casualty Compa 25674 INSURED INSURER B Travelers Indemnily Company of Amer 25666 McMAHON INSURER c:Liberty lnsurancejlnderwriters 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 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR INSR WVD POLICY NUMBER (MM/DD/YYYY)JMMIDDIYYYYL LIMITS B GENERAL LIABILITY 6807282L910 8/1/2012 6/1/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES fEa occurrence) $1,000,000 CLAIMS-MADE X I OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY X PECOT- LOC _ $ B AUTOMOBILE LIABILITY BA7276L626 8/1/2012 9/1/2013 COMBINED SIAM LIMIT T (Ea accident) 1$1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) _ $ B X UMBRELLA LIAB IX OCCUR XSMCUP8106Y575 :11/2012 8/1/2013 EACH OCCURRENCE $5,000,000 _ EXCESS LIAR CLAIMS-MADE AGGREGATE _ $5,000,000 DED X RETENTION$10000 f $ A WORKERS COMPENSATION 'XJUB8847Y261 :/1/2012 3/1/2013 X 'TORY LIMITS ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $500,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 _ C Professional AEE1972870112 :/1/2012 6/1/2013 $3,000,000 per claim Liability $5,000,000 aggregate I DESCRIPTION OF OPERATIONS/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} Oshkosh WI 54903-1130 4. ee 1 . ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD THE PORPOSAL FROM MCMAHON ASSOCIATES FOR PUBLIC WORKS CONTRACT 13-11 IS ON FILE FOR REVIEW IN THE CITY CLERKS OFFICE DOC #11646