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HomeMy WebLinkAboutMcMahon Associates/Storm Water Facility 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. Stuart Boerst Date: May 6, 2014 McMahon Associates, Inc. Subject: Executed Agreement for Storm Water PO Box 1025 Facility Adaptive Native Vegetation Neenah, WI 54957-1025 Plan and Consulting/Engineering Services Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette El Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: El For Approval ® For Your Use ❑ As Requested ❑ For Review& Comment Remarks: Enclosed is a copy of the executed agreement for the storm water facility adaptive native vegetation plan. 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 AU/cc: _File—Original Signed: `AL' Trace aylor \Engineering\Storm Water Information\City Drainage Basin Inspection Folder\Vegetation Maintenance\2014\McMahon LOT-Executed Agri nt_5-6-14.docx AGREEMENT THIS AGREEMENT, made on the (, day of " , 2014, by and between the CITY OF OSHKOSH, party of the first parti4, ereinafter referred to as CITY, and MC MAHON ASSOCIATES, INC., PO Box 1025, Neenah, WI 54957-1025, 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 for STORM WATER FACILITY ADAPTIVE NATIVE VEGETATION PLAN AND CONSULTING/ENGINEERING SERVICES. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Stuart Boerst, P.S., P.H. — Senior Ecologist 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 AGREEMENT: James Rabe, P.E., CPESC — Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. 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. I:\Engineering\Storm Water Information\City Drainage Basin Inspection Folder\Vegetation Maintenance\2014\McMahon Agreemnt_4-29-14.docx Page 1 of 5 ARTICLE IV. STANDARD OF CARE The standard of care applicable to CONSULTANT's services will be the degree of skill and diligence normally employed by professional consultants or consultants performing the same or similar services at the time said services are performed. CONSULTANT will re-perform any services not meeting this standard without additional compensation. ARTICLE V. CITY RESPONSIBILITIES 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 VI. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONSULTANT's 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 VII. COMPONENT PARTS OF THE AGREEMENT This AGREEMENT consists of the following component parts, all of which are as fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. CONSULTANT's Proposal dated April 28, 2014 and attached hereto I:\Engineering\Storm Water Information\City Drainage Basin Inspection Folder\Vegetation Maintenance\2014\McMahon Agreemnt_4-29-14.docx Page 2 of 5 In the event that any provision in any of the above component parts of this AGREEMENT 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 VIII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto: • Time and Materials Not to Exceed $4,900 (Four Thousand Nine Hundred Dollars). B. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The CITY shall pay the CONSULTANT within thirty (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 IX. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her subcontractors related however remotely to the performance of this AGREEMENT 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 for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this paragraph. Subject to any limitations contained in Sec. 893.80 and any similar statute, of the Wisconsin Statutes, the CITY further agrees to hold CONSULTANT 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 re-use of the documents without consent where such liability is founded upon or grows out of the acts or omission of any of the officers, employees or agents of the City of Oshkosh while acting within the scope of their employment. I:\Engineering\Storm Water Information\City Drainage Basin Inspection Folder\Vegetation Maintenance\2014\McMahon Agreemnt_4-29-14.docx Page 3 of 5 ARTICLE X. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XI. 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 AGREEMENT at any time by giving written notice to the CONSULTANT no later than ten (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. ARTICLE XII. RE-USE OF PROJECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. CITY agrees to indemnify CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but not limited to, litigation expenses and attorney's fees arising out of or related to the unauthorized re-use, change, or alteration of these project documents. ARTICLE XIII. SUSPENSION, DELAY, OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. I:\Engineering\Storm Water Information\City Drainage Basin Inspection Folder\Vegetation Maintenance\2014\McMahon Agreemnt_4-29-14.docx Page 4 of 5 ARTICLE XIV. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT By: 21 CFO (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: JG-d Pc .-ti 05- oG- ,Zoty- (Witness) David C. Patek, P.E., Director of Public Works I:\Engineering\Storm Water Information\City Drainage Basin Inspection Folder\Vegetation Maintenance\2014\McMahon Agreemnt_4-29-14.docx Page 5 of 5 ( ,r O 7 q Q N a�tf U rd. P a' j • •. fir.: ,. ;y f 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 _ 0 0 .- P 1 ,. ER ER ERN ER ER ER 69 ERN ICf 1. ' 0 0 • 0 0 0 . a- 0 In 0 11) CO l!) O O Yz 0 8 to EA co 69 ER 69 0 CO tY H N4 ER 49 CI O Z L o u0 CV J .:4 _ I-1 crb (n ,-> L , -i U = r = co in' co w � _E _E O. . v Ym O O w C c .. � W c a) c a) CC ! .+ •� a� c m c 0 0 3 • 0 W W Q 0 E � � E > a T ` T• � U y o ti O Q c I_ as E > � E > 2 c c �/ C > 0 7 >. C6 Q m o o a o o d Y11 v o o v o a .� mom � m Q Z ai) ac a� _I as a -6 W a) oas a� U) a) ++ w u) a) _c u) a) J Z W 3 o = 0 o C c Q — U o Z ,_O .- u) m ana m as LL F Z v N i a) u) V a) u) W a LL N .922. . -I > a) E 0 0 W o ° co t ' � asEN � v Q3 cEm Uc im Ht7 ? t c v c0 0ra Q O ° o � 0 d r--, cA .oa0au; Y O U O e, Z x u; 0 W x ) o Jim W N O W3 � 0 o m o� o j = U a) "="w o 0 m v- -= m CC ow 0> y a GO Q 50 1 .5U c � N o CD !otf o O Z p m L_ C V C C N Z a H U a a y ca H O Q r o � C .+ . • E W o ,O c C fl O C I M Z ( O Q F � n ic = ama Z0u -c . ( I ) l- ai O0 ® ACC0RE) CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/30/2014 _ 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 CONTACT NAME: Andrew Donovan Willis of Illinois, Inc. ����` ,C� PHONE FAX lac.No.E :312-288 7848 (A/C,Nor312-234-0643 �/ 233 S.Wacker Drive L E-MAIL Suite 2000 ADDRESS:andrew.donoVanlwlllis.com Chicago IL 60606 INSURER(S)AFFORDING COVERAGE NAIC# An 30 2014 INSURERA:Travelers Property&Casualty Compa 25674 INSURED INSURERB:Liberty Insurance Underwriters Inc 19917 Mr.Vic Lutzssociates, Inc. DEPT OF PUBLIC Dos N INSURER D Travelers Indemnity Company of Amer 25666 NeOenah WI 4957 OSHKOSH WISC INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1897598975 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS C GENERAL LIABILITY 6807282L910 8/1/2013 3/1/2014 EACH OCCURRENCE $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&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 JECT ri LOC C AUTOMOBILE LIABILITY BA7276L626 8/1/2013 3/1/2014 COMBINED SINGLE LIMI f - (Ea accident) $1,000,000 _ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED - AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ _ $ C X UMBRELLA LIAB X OCCUR XSMCUP8106Y575 8/1/2013 3/1/2014 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 _ DED RETENTION$ $ A WORKERS COMPENSATION XJUB8847Y261 8/1/2013 /1/2014 X WC STATU- x OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER _ 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 _ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 B Professional AEE1972870113 8/1/2013 8/1/2014 $1,000,000 per claim Liability $1,000,000 aggregate 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. Project:Storm Water Native Vegetation Plan Project Number:00005-930484 See Attached... CERTIFICATE HOLDER CANCELLATION 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. Department Of Public Works Attn:City Clerk AUTHORIZED REPRESENTATIVE 215 Avenue,PO Box 1130 Os hkosh W I 54903-1130 c VE ' 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: '4E ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Willis of Illinois, Inc. McMahon Associates, Inc. Mr.Vic Lutz POLICY NUMBER P.O.Box 1025 Neenah WI 54957 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Additional Insured-General Liability(primary&non-contributory)and Automobile Liability:City of Oshkosh,and its Officers, Council Members,Agents, Employees and authorized Volunteers ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD