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HomeMy WebLinkAboutMcMahon Associateslow 0 mo 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 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 reasons withholding payment. reason(s) for 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 proceedin wi the work covered under the subject amendment. g th TRACTOR T 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 resultinginjuries claimed may be considered "material'. These terms shall be interpreted brad) i protecting the interests of the City of Oshkosh. Y n 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 b entitled to compensation for any satisfactory, usable work completed. e B. For Convenience. The City may terminate this contract at any time written notice to the Consultant no later than 10 calendar days before the termination date. If the City terminates under this paragraph, then the Consults y giving compensation for any satisfactory work performed to the date of termination. entitled #o 3 74 WJ M, z z 0 F— W W W a z J?: M O N LL Fg 0C) QO OQ C N (0 CD 14 r 6969h 69 ' CS 10 to w CCL" d9 — M m CD CD E N G W W t U � c o ce)3 c m m L 4�- (L dl " Q L t 03 CL i U1 ca E C ip [� t1_ L O O (L W .� w m � o U Q m c CL Uz� 00007 O O Cr� Co 1619, O � W m m N E v 0 M � C O; G Gi CLm Z 4I C d) m E O O Q. m 12 '0 L 'N J O N E• 0 p ocnam Z > w E m a > rn N 01j2cn0 S a a a co LI N O 4) U 0 = U TN CL 0CL05 Z W=(/)F O McMAHON MCMAHON 1 City of Oshkosh May 8, 2013 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. 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%. 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($) 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 Owners 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. t;,'dPAdrnn [re?iral TG's'S.' 44a�xli;TCi3 .!-4 i3I0,i0.kovt& a ACCAZLIP CERTIFICATE OF LIABILITY INSURANCE DATE(MM1VDDIYYYY) 8/1/2012 RCTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ERTIFICATE 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(fes) 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 Willis of Illinois, Inc. 233 S. Wacker Drive Suite 2000 Chicago IL 60806 CONTACT NAME: PHONE _288-7700 AAA No : _ I&M,Ng. E2- 334- AODREss: savickas willis.com INSURERMAFFORING COVERAGE NAIC 0 INSURER A ffravelers Propodyr Qasualtv$74_ _ INSURED McMAHON P. 0. Box 1025 Neenah Wf 54957 INSURER B:Travelers I0deMD11Y C=any_of_Amer__6.0 INSURER C: L ceUnd ._nmniters Inc _ INSURER D: —� INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER--7n44RhR7R7 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLUCIES 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 REOUCED BY PAID CLAIMS. /NSR LTR I TYPE OF INSURANCEAD INSR SUBR WVD POUCYNUMBER POLICY EFF MtAIDDIYY POLICY EXP MWEID OMITS S GENERALUABILITY 6a07282L910 /112012 311=13 EACH OCCURRENCE s1,000,000 X COMMERCIAL GENERAL LIABILITY DEMISES GE EaEotccurrUenee) $ 3,000,000 CLAMiS-MADE OCCUR MED EXP (Any one Person) $10,00D PERSONAL & ADV INJURY $1,000,000 GENERALAGGREGATE $2,001),000 GENiAGGREGATE LIMIT APPLIES PER: PRODUCTS -COMPIOPAGG $2,00D,000 $ POLICY X PRO- LGC B AUTOM1I013ILELlAB1LETY BA72761_626 1112012 11!2013 WFMTWffffZTRU7Me accident) L I 1000t00O BODILYINJURY (Per penon) S ANYAUTO BOOrLY INJURY (Per acct iwq S ALL OWNED SCHEOULED AUTOS AUTOS ONOWNED HIRED AUTOS AUTOS PROPERTYDAI,4A(3E S P r attidenS BX UMBRELLA UAB X OCCUR XSRCUP8106Y575 31112012 1112013 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAR CLAIMS,t4 OE DED X I RETENTIONS10000 S I A WORKERSCOMPENSAriON AND EMPLOYERS' LIABILITY- ANY PROPMETOWPARTNERIEXECUTIVE a XJU88847Y261 1112012 1112013 X TATO- OTR - E.L. EACH ACCIDENT $5D0,000 OFFICER'WEMSER EXCLUOEO? (Mandatory M NH) N 1A E.L. DISEASE • EA EhLPLOYEE 3500,000 E.L. DISEASE - POLICY LIMIT 5500,000 describe under OESCRIPTION OF OPERATIONS below Professional NEE1972870112 11/2012 31112013 $3,000,000 percralm IClfyos, Liability $5,000,000 aggregate DESCRIPTION OF OPERATIONS I LOCATIONS IVEHECLES (Attach ACORD 101, Addflional Remarks Schedule. It more space is required) Additional insured -General Liability is included per form CG 03 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 1U for non-payment) SHOULD ANY OF THE ABOVE DEESCRiBEO 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 REPRESENTATNE Oshkosh WI 54903-1130 ACORD 25 (2010105) ©1988.2010 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD