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Home My WebLink AboutICON Poly & Oshkosh Lakefly Mold s PROFESSIONAL SERVICES AGREEMENT-LAKEFL Y MOLD THIS AGREEMENT, made on the day of APRIL, 2016 by and between th CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and ICO POLY,PO BOX 1132, GIBBON, NE 68840, hereinafter referred to as the CONSULTAND', WITNESSETH: That the CITY and the CONSULTANT, for the consideration hereinafter named, agree as follows: (Note: If anything in the Proposal conflicts with the Request for Proposals or this document,the provisions In the Request for Proposals and this docume �t shall govern.) ARTICLE 1. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the followin individual to manage the project described in this contract: (DANIELE VOHLAND, OFFICE MANAGER) B, Changes in Project Manager. The CITY shall have the right to approve c r disapprove of any proposed change from the individual named above as Project Manage'. The CITY shall be provided with a resume or other information for any proposed substitutja and shall be given the opportunity to interview that person prior to any proposed chang . ARTICLE Il, CITY REPRESENTATIVE The CITY shall assign the following individual to manage the project described in th s contract: (ALEXA NAUDZIUNAS, ASSISTANT PLANNER) ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the Consultant's e-mlil dated March 21, 2016. If anything in the Consultant's proposal conflicts with this agreement, the provisions in the agreement shall govern, and is incorporated into thAs agreement to the extent it does not conflict with the CITY'S Request for Proposals, or th s agreement. The CONSULTANT may provide additional products and/or services if suc products/services are requested in writing by the Abihorized Representative of the CIT `. 4, tYl v f ,e r ARTICLE IV. CITY RESPONSIBLITIES 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 i:" reasonably obtainable from CITY records. To prevent any unreasonable delay in the. CONSULTANT'S,work the.CITY wi 1 examine all reports and other documents and will make any authorizations necessary t proceed with work within a reasonable time period. ARTICLE V. TIME OF COMPLETION All work to be performed under this contract shall be completed on or before OCTOBER 31, 2096 unless the parties agree in writing to extend this date. ARTICLE VI. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONSULTANT forthe performan of the AGREEMENT the total sum as set forth below, adjusted by any changes hereaft r mutually agreed upon in writing by the parties hereto: • Lump sum of $2,989.00 (Two Thousand Nine Hundred Eighty Nine A d 001900), B. Additional Costs. Costs for additional services shall be negotiated and set fors h in a written amendment to this agreement executed by both parties prior to proceeding wi{h the work covered under the subject amendment. ARTICLE VII. CONSULTANT TO HOLD CITY HARMLESS The CONSULTANT covenants and agrees to protect and hold the CITY harmleAs against all actions,claims and demands of any kind or character whatsoever which may�n any way be caused by or result from the intentional or negligent acts of the CONSULTANIT, his agents or assigns,his employees or his subcontractors related however remotely to tl-e performance of this Contract or be caused or result from any violation of any law r administrative regulation, and shall indemnify or refund to the CITY all sums including ca rt costs attorney fees.and punitive_damages.which the-CITY maybe obliged or adjudged o pay on any such claims or demands within thirty(30)days of the date of the CITY'S writtE,n demand for indemnification or refund. ARTICLE VIII. INSURANCE The CONSULTANT shall.provide insurance for.this project that Includes the CITY as An additional insured. The specific coverage required for this }project are identified on a separate document. 2 ARTICLE IX. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manne 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 sha I 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 terminatlo>il date. If the CITY terminates under this paragraph, then the CONSULTANT shall b entitled to compensation for any satisfactory work performed to the date of termination. This document and any specified attachments contain all terms and conditions f the Agreementand.any.alteration thereto shall be invalid unless made in writing,signed b both parties and Incorporated as an amendment to this Agreement. ARTICLE X. RE-USE OF PROJECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables df 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 indemnll'y CONSULTANT and CONSULTANT's officers, employees, subcontractors, and affiliate corporations from all claims,damages, losses, and costs, including,but not limited to, litigatio expenses and attorney's fees arising out of or related to the unauthorized re-use, change, r alteration of these project documents. SIGNATURE PAGE TO FOLLOW 3 In the Presence of: ICON POLY By: ars (Sea[ of Contractor (Daniele.Vo. nd, Office.-Manager) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: �� — M rk A. Rohloff, City Manager fitness) Pamela R. Ubrig, City lerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability wh ch will accrue under this contract. 4cirtr City Comp roller 4 ACU D® DATE(MMIDO/YYYh C" CERTIFICATE OF LIABILITY INSURANCE F., 0412$12016 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(€es)must have ADDITIONAL INSURED provisions or be endorsed_ If SUBROGATION IS WAIVED, subluct 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: Ashley Stien Matt Pavd05ki Agency PHONE {308}233-3275 FAX 308)233-5326 { <` 216 W 42nd St ADD RL ashley@mattp.biz ��•'=? ADDRESS: _ {� Kearney,NE 68845 --- y _ INSURER(S)AFFgRi]ING COVERAGE —_ _NA1C'# INSURER A: State Farm lire and Casuaity Company 25143 INSURED - - - -_ INSURER 8, Icon Poly Inc INSURERC: PO Box 1132 --"------ 1NSURERD• Gibbon,NE 68840-1132 - - ---- - INSURER E: INSURER f: COVERAGES CERTIFICATE NUMBER. 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 MICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HUREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE 13FEN REDUCED BY PAID CLAIMS. [NSR TYPE --.... ADb 5UB --.. _ .. i POLICYEFF POLICYEXP .. LIMITS ---' L '[ POUCYNUMBER A dD0 MMMDIYYYY COMMERG;AL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAWS-MADE � 1 OCCUR DAMAGE TO RENTED PRE50,000 MISES Ea Qavrrenc�}.".. MED EXP(Any meparson) $ 5,000 ..y.., 197-CU-2276-7 06!2312015 06123/2016 PERSONAL&AOV SNJ�s 1,000,000 rlF LAGGREGATELIMITAPPLIESPER: ! GENERAL AGGREGATE 5 2,000,000 POLICY u JECT F1 LOC "PRODUCTS-COfIIPIOPAG2,000,0Rq _ OTHER- AUTOMOBILE THERAUTOMOBILE LIABILITY 27-7214-Z89 04126/2016 10/26/2016 COMBINED SINGLE LWIT $ 1 00{}0{]0 Ea aociderRj_ _ _. ... _— ANYAUTO BODILY iWURY(Per Per—) $ 1,000,000 OMED T SCHEDULED I BODILY INJURY(Per eccident) $ 1,000,000 _ AUTOS ONLY ' .AMOS I HHIRED NON-OWNEO PROPERTYDAiAAGE S 1 040 000 AUTOS ONLY LI AUTOS ONLY eraer�denl 3 UMBRELLA WAR j ' OCCUR EACH OCCU_Rr2ENCE $ li EXCESS LJAB CLAIfAS MADE AGGREGATE $ � DED i �RE7ENTEON 5 -•-- - -•- S WORKERS COMPENSATION PER OT 11 EMPLOYERS'LIABILITY �. N f____ST¢TUTE UR ANY PROFRIETORIPARTNERIEXECUTIVE 'EL.EACH ACCIDENT $ iD0,000 OFHCERRAFMBER EXCLUDED? NIA 97-Biel-63964-1 06/23/2016 06123/2016 - Nandatory In NII) E.L.DISEASE-EA EMPLOYE S lua,000 ffyes,descrbe under — .OESCRIPTION OF OPERATIONS beldv ? ( E,L.DISEASE-POLICY LIMIT S 500,000 } DESCRIPTION DF OPERATIONS I LOCATIONS 1 VEHICLES JACORD 1u1,Additlonal Remarks Schedule,may be attached if mom space is required) Additional Insureds per attached endorsements. CertMeates of Insurance acceptable to the City of Oshkosh shall he submitted prior to commencement of the Svork to the applicable City department- These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed Until at least 30 days'priorynitten notice has been given to the City Clerk-City of Oshkosh 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,Attn:City Clark ACCORDANCE WITH THE POLICY PROVISIONS. 215 Church Avenue PO BOX 1130 AUTHORIZED REPRESENTATIVE Oshkosh,Wi 64803-1130 mg' ff� tir W1958-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) Tho AGORD naine and logo are registered marks of ACORD 1W14BB 132849.12 02-1&2016