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Home My WebLink AboutMcMahon AGREEMENT THIS AGREEMENT, made on the 12 day of February, 2015, by and befinreen the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and McMAHON, 1445 McMahon Drive, Neenah, Wisconsin, party of the second part, hereinafter referred to as the (CONTRACTOR), WITNESSETH: That the City and the Contractor,for the consideration hereinafter named, enter into the following Agreement. The Contractor'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. CONTRACTOR'S REPRESENTATIVE A. Assignment of Contractor's Representative. The Contractor shall assign the following individual to perform the services described in this contract and be the main point of contact befinreen the City and Contractor: Anthony S. Fieweger, AIA B. Changes in Contractor's Representative. The City shall have the right to approve or disapprove of any proposed change from the individual named. 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 IL CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: John Zarate, Chief Building Inspector ARTICLE III. SCOPE OF WORK The Contractor shall provide Commercial Building Plan Reviews for Buildings other than those exempted per Table 361.30-1, in a manner consistent with Chapter SPS 361 to 366 of the Wisconsin Administrative Code. Upon completion of the commercial building plan review by Contractor, Contractor will transmit via email its recommendations to allow the City to prepare a Letter of Conditional Approval or other correspondence as deemed appropriate. Contractor's email shall contain an electronic signature and contact information for the person responsible for the review and shall also provide a summary of the work completed and any communication with the applicant or others related to the plans. Contractor shall be available to discuss and promptly answer questions regarding the plan review. . - � �� '� � �� ;_ __ 3 � � , t � �� ^' �� i 4 i i << �A d �� 1 � 'g E a�.�,a.. p C'a1� �- _ _ .....__. ARTICLE IV. CITY REPONSIBILITIES The City shall provide the following: • In-take, verification and distribution of adequate applications, fees and construction document information to all appropriate parties • Review, editing and distribution of adequate applications, fees and construction document information to all appropriate parties • Plumbing Reviews • IFC Compliance Reviews • Site Plan Reviews • On-Site Inspections • Early Start Permits ARTICLE V. SUBMISSION OF MATERIAL AND RECORDS Contractor requires only one copy of alf submission material for review. Although not required, submission by electronic means is preferred over hard-copy. All reports, drawings, specifications, computer files, email or other correspondence, field data, and other documents and instruments prepared by the Contractor as instruments of service shall be retained by Contractor and shall be and remain the property of the City. Contractor acknowledges and understands that City is a governmental entity and subject to Wisconsin's Public Records Law. Contractor's written documents collected and prepared under this agreement are subject to that same Wisconsin Public Records law through Contractor's entry into this agreement. Contractor agrees that it will fully and completely cooperate with the City to provide all documents related to this agreement to the City to allow the City to evaluate the documents and respond to any records requests. The City agrees to notify the Contractor before releasing any related documents according to the Public Records law. ARTICLE VI. TIME OF COMPLETION A. All work to be performed under this agreement shall be completed on or before December 31, 2015 unless the parties agree in writing to extend this date. B. Upon receipt of the complete submission information, Contractor will review and provide its recommendations to the City within five (5)working days beginning the day of receipt if received prior to 10:00 AM or beginning the following day if received after 10:00 AM. Contractor will notify the City of any obvious incomplete information the day of receipt. If Contractor notifies the City of incomplete infdrmation in a submission,the five(5)working day period shall begin upon Contractor's receipt of the required information. City and Contractor agree that the review of Submissions received during the weeks immediately preceding and following Christmas and New Year may be delayed due to limited staff availability during those periods of time. Contractor shall notify the City of any potential delays as they arise. 2 The Contractor 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 Contractor's control. For the purposes of this agreement, such causes include, but are not limited to, failure of applicants to provide necessary or requested information;severe weather disruptions or other natural disasters,or failure of performance by the City. If the delays resulting from any such causes increase the time required by the Contractor to perform its services in an orderly and efficient manner, the Contractor shall be entitled to an equitable adjustment in schedule. ARTICLE VII, COOPERATION IN LITIGATION AND AUDITS Contractor shall fully and completely cooperate with the City, the City's insurer, the City's attorneys, the City's Auditors or other representative of the City (collectively, the "Ci#y" for purposes of this Article) in connection with (a) any internal or governmental investigation or administrative, regulatory, arbitral or judicial proceeding (collectively "Litigation") or internal or governmental Audit, with respect to matters relating to this Agreement; other than a third party proceeding in which Contractor is a named party and Contractor and the City have not entered into a mutually acceptable joint defense agreement. Such cooperation may include, but shall not be limited to, responding to requests for documents and/or other records, and making Contractor's employees available to the City (or their respective insurers, attorneys or auditors) upon reasonable notice for: (i) interviews, factual investigations, and providing declarations or affidavits that provide truthful information in connection with any Litigation or Audit; (ii) appearing at the request of the City to give testimony without requiring service of a subpoena or other iegal process; (iii) volunteering to the City all pertinent information related to any Litigation or Audit; and (iv) providing information and legal representations to auditors in a form and within a timeframe requested. City shall reimburse Contractor for reasonable direct expenses incurred in connection with providing documents and records required under this paragraph and may require, at the City's sole discretion, such expenses to be documented by receipts or other appropriate documentation. Reasonable direct expenses include costs, such as copying, postage and similar costs; but does not include wages, salaries, benefits and other employee compensation. Contractor shall not be entitled to additional compensation for employee services provided under this paragraph. ARTICLE VIII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor the fee as specified in Wisconsin Administrative Code Section SPS 302.31 or per the applicable code section at the time of review, but NOT TO EXCEED $50,000. The fees shall consist of the fees currently indicated in Table 302.31-2 for the size of building and/or type of application requested less those corresponding fees listed in Table 302.31-3. The "FEE FOR PLAN ENTRY"as currently defined in SPS 302.31(2)shall not be part of the compensation to be paid to Contractor. (See attached Section 302.31) 3 B. Method of Payment. The Contractor/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 Contractor/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 subject to additional costs covered under the subject amendment. ARTICLE IX. CONTRACTOR TO HOLD CITY HARMLESS The Contractor/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 Contractor/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 X. INSURANCE The Contractor shall carry insurance to cover its negligence and other obligations related to this Agreement which includes the City and its employees and agents as additional insureds for work required by this Agreement. The Contractor's insurance must be primary insurance. The type of insurance and coverages must conform to the attached City of Oshkosh Insurance Requirements. ARTICLE XI. TERMINATION Either party to this Agreement may terminate this contract at any time by giving written notice to the other party no later than 10 calendar days before the termination date. If the Agreement is terminated, then the Contractor shall be entitled to compensation for any satisfactory work perFormed to the date of termination. Contractor's duties and responsibilities regarding submission of materials, cooperation, and hold harmless shall survive the termination of this Agreement. ARTICLE XII. 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. Contractor/Consultant's Proposal 4 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. 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: MCMAHON ��i'Y�C l� �� .,l l ;/C; ; � � y: ��%/,�.%�,; � ��r�i��-- -�� "� Ic — trc `% B Anth ny S. Fiewege�, AIA l�,� �t,��,��,,�,y��r�s �3�a7��1�� Vice President (Seal Qf°Contractor if a Corporation.) . , .. ��-< ;_�- :e �' �'- r�� ` `/� r:ii"�+1Y �. L� e r �� ', i''�J'`•I ,J ,'��. u Cr�'. ��— ;��A . � • o , •' ,, '�'%'^ """''�� ' CITY OF OSHKOSH �c�� ,'•�' t;`i!j`�a � 4 iQpef6�o v � By. �✓�!/ �t . �� ._ •�� Ma k A. Rohloff, City Manager (Wi�ness J y — ---� i �� / � �� i�� _� +��.�.G/�( 2�2.C�2 And: � . �� "� / %; '�/ (1A/itness) Pamela R. Ubrig, City CI rk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. City A _ :�r�1 Y1t► �jc�,�r� City Comptroller 5 �1 • ACORO CERTIFICATE OF LIA�iLITY INSURANCE °"o„`"=";�1";�' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATTVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY tHE POUCIES BELOW. tH1S CERTIFJCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIIED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTAMT: If the certiflcate holder is an ADDITIONAL INSURED,the policy(ies)must be endoned. If SUBROGATION IS WANED,subject to the terms and eondltlons ot the poticy,esrtafn pol(cles may requlre an endorssment A statement on thls certtfleate does not cortfor riphts to the certlffate bolder in Ifeu of such endoroement(s, PRODUCER�illi� oP Illinois, Ine. N7 NANE: c/e 26 Gotury 81vd PHOHE :1-t77-9�5-7 7! � P.O. Soz 905191 �� VC No:l-68B-�67-2 7t HarLvillo, TN 372305191 b311 ADDRESS:certificatea@willie.eam IMSURER 6 AFFORDINO COVERAGE NAIC R INSURERA:Tra�clers P rt G�ualt C o!7lmerie 25671 INiUREDy��on lusooiat��, Iae. INSURERB:Tsawl�ra Iad�mni C aa of CT Itr. Yic Lut[ 25682 S145 McMahon Dr, PO Ho: 1025 INSURER C:Tcav�l�rs Iad�mit C 2565! N�anah, 1PI 54957 � INSURERD:Li-be Inanraae� Oaderrritar� 2ne � 39917 INSURER E: IHSURER F: COVERAGES CERTIFICATE NUMBER:4+s13�10 REYISION NUMBER: THIS IS TO CERTiFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDlCATED. NO7WITHSTANDING AMY RE�UIREMENT,TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT WfTH RESPECT TO WHICH 7HIS 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.LIMfTS SHOWN MAY HAVE BEEN REDUCED BY PAID CIAIMS. INBR LTR 77PE OF INBURANCE POLIGY NUMBER pM�Y EFF ��C�Y EXP UMRS X �MERCW.GENERAL LIA81LfTY CWMSMADE �OCCUR �CH OCCURRENCE : 1,000,000 , P MI ES Ee rrp� S 300,000 Y � MED E7� one srson � = S,000 68073B2L910 OB/Ol/2031 0!/01/20I5 p�ONALtADVIMJURY j 1,OOG,000 GEN'L AGGREGATE UMR APPLIES PER GENERAL AGGREGA7E s 2,000,000 P��JECT �LOC PRODUC75-COMP/OPA60 S � 2,000,000 oni�x s AUTOMOBILE LIA8IUTY COMBINED SI G L MI7 �aide l f 1,D00,OOD X ANYAUTO BODILYINJURY(Psrpetson) j 8 AllTD�� AUTOSU� Y BA7276S626 08/Dl/20Ia OB/Ol/2015 BODILYINJURY(Per�cddsrd) S kIRF�AUTOS A��WNED PROPE G P�ra ' N = � x UMBRELLA UAB X OCCUR s EACH OCCURRENCE s 5,000,000 ��S� CIAIMSMADE CCP8106Y575 08/01/2D11 0!/Ol/2015 AGGREOATE s s,000,000 OED X RETEM'ION El WORff�RR6 COMPENSATION = � AHD E4tPLOY9t5'Lll1BILRY Y/H X SU �R ANY PROPRIETOR/PARTNERIEXECIltIyE : 1,000,000 OFFlOERIMEMBEREXCLUOED7 �M/A �BRB/7Y261 08/Ol/201� 08/Ol/2015 EL.EACHACG�FM (Wnd�tory In NFq �fyss deealbe undsr El.DISEASE•EAEMpLOYE f 1,000,OOG DESCRIPTIDN OF OPERATIONS 6elow E.L DISFASE•POUCY LIMR S 1,000,000 D rotasrioaal ii�bility AEL197287-011� 08/O1/2011 QB/O1/2D15¢3,000,000 par claim 5,000,000 aqqzeq�le DEBCRIPT�ON OF OPERAT10Ni/LOGATIONi/VEHICLES(ACORD 101,Addltlonai R�matks Seh�dul�,may M�ch�d Hmon sp�u tr nquln� 1Wditional iuurad- Cen�ral Li�bility aad 7Wtomebils 7.4aDilitp: City of O�hko�h, �nd ita Oltieer�� Cauneil lf�bes�. Aq�np, mploy�a and�niperi��d Volvnteer� CERT(FICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLE�BEFORE THE EXPIRATION �ATE THEREOF, NOTICE WILI. BE DELIVERED IN ACCORDANCE yyf)'H THE POLICY PROVISIGNS. City O� Oshko�h AUTHORQED REPRE6DITATIVE City Clark 215 Cdaroh�o�au�� pp ioa 1130 ��A� . �hke�h, 1PS 5�903-1130 m 1966•2014 ACORD CORPORA710N. All rights re:arved. ACOR�25(2014/D1) The ACORD name snd logo are regfsfered marks of ACORD sn sa:clsa�ea saxee:sateh 4: �729t I � I � �