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HomeMy WebLinkAboutHouseal Lavigne Assc. & Oshkosh AGREEMENT This AGREEMENT, made on the g� day of TQ' r _, , 2016, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and HOUSEAL LAVIGNE ASSOCIATES, LLC, 134 N. LaSalle Street, Suite 1100 Chicago, Illinois 60602, 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 Central City Investment Strategy and Downtown Plan ARTICLE 1. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: JOHN A. HOUSEAL- PRINCIPAL 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: DARRYN BURICH -- PLANNING MANAGER ARTICLE Ill. 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. 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. RECORD DRAWINGS Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others. CONSULTANT is not responsible for any errors or omissions in the information from others that the CONSULTANT reasonably relied upon and that are incorporated into the record drawings. ARTICLE VI. 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 VII. 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 VIII. 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 attached hereto. 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 IX. 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: • Lump Sum of$15,950.00 (Fifteen Thousand Nine Hundred Fifty 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 X. 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. ARTICLE XI. INSURANCE The CONSULTANT agrees to obtain General Liability Coverage of $500,000 per occurrence. The following must be named as additional insureds — City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers. Certificates of Insurance acceptable to the CITY shall be submitted to the Engineering Division of the Department of Public Works prior to the commencement of the work. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled or non-renewed until at least 30 days prior written notice has been given to the City Clerk of the City of Oshkosh. ARTICLE XII. 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 (90) 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 ail 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 XIII. 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 XIV. 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. ARTICLE XV, 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: HOUSEAL LAVIGNE ASSOCIATES, LLC By: (Seal of Consultant if a Corporation) John A. Houseal, Principal By: &-a W-U,0 �y (Specify Titl ) CITY OF OSHKOSH By: fitness) Ma <A. Rohloff, City Manager r f And: , Witness) Pamela R. Ubrig, City Clerkf ED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. (�itoey nQ. r� a City Comptroller DATE(AIMODIYYYY) CERTIFICATE OF LIABILITY INSURANCE I 7/7/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RtGHTS 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 pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER coMEACTLori Grana INSURANCE BENEFITS RESOURCE GROUP INC PHONE FAX {224)241-3345 {224)333-0550 AC No: 1491 Cumberland Parkway n_os :lori@insurancebrg,com Algonquin, IL 60102 INSURERS AFFORDING COVERAGE NAIC/ INSURER A: Lloyds INSURED Houseal. Lavigne Associates, LLC INSURER B: 188 W. Randolph Street INSURE c• Suite 200 INSURER D: Chicago, IL 60601 E E• (312)372-1008 x110 INSURERF: 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 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 CONDITIONSCF SUCH POLICIES,LIMITS SHOWN MAYHAVE BEEN REDUCED BYPAID CLAIMS. INSR AUWL bUdK POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE R,I R WVQ POLIC NUMBER MM DD P,IMIDD GENERAL LIABILITY EACH OCCURRENCE $ COkdMERCIALGENERAL LIASILITY PREMISES Ea R nce $ CLAIMS-MADE 0 OCCUR MED EXP An one rson S PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'LAGGREGATELIMIT APPLIES PER; PRODUCTS-COMPIOPAGG $ POLICYPRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea a n ANYAUTO BODILY INJURY(Perperson) $ ALLOWNED SCHEDULED BODILY INJURY(Per acedent) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS t UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RE EN O WORKERSCOMPENSATION WCSTATU- 07H• AND EMPLOYERS'LIABILITY MANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICFFUMEMSER EXCLUDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ Ifyyw,descrbe under DESCRIPTION OF OPERATIONS Igelmy E.L.INSEASE-POLICYLIMIF A Prof Liability MPL--1396077-14 01/20/1601/20/171$2,000,000 per claim/agg Deductible $5,000 DESCRIPTION OF OPERATIONS ILOCATIONS lVFHICLES (AtlachACORD101,Addi&wlRemarks Schedule,ifmore space Isrequtred) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 Church Ave. ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh, WI 54903-1130 AUTHORIZED REP SE TATIVE 01988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD DATE(MMIDWYYY) ,a► " CERTIFICATE OF LIABILITY INSURANCE 07107/2016 PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION ROBERT A SORENSEN, CLU, AGENT ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 300 S COUNTY FARM RD UNIT D HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR WHEATON, IL 60187 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 1 INSURERS AFFORDING COVERAGE 'NAIC# INSURED INSURERA:State Farm Fire and Casual t Company 25143 25143 HOUSEAL LAVIGNE ASSOCIATES, LLC INSURERS:State rarrn Mutual Auto Insurance Company 251.78 "2517$ 188 W RANDOLPH ST SUITE 2.00 INSURER C: CHICACO, IL 60601--2901 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDffION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN PAY HAVE BEEN REDUCED BY PAID CLAIMS. TSR ADDL POLICY EFFECTIVE POLICYEXpiRATION LTR INSRD TYPE OF INSURANCE POLICYNUMBER DATE MM1DD1Y1' DkTE MM10DnlY LIMITS A X GENERAL LIABILITY F93--EW--E843-0 09/01/2015 09/01/2016 EACH OCCURRENCE 5 3,000,000 DAMAGE TO RENTED X COM:IERCIALGENERAL LIABILITY PREfr1ISEs Eaocc�xrence 300,000 CLAIMS MADE ❑OCCUR MED Exp Arrfone pers*nl $ 5,000 X VALUABLE PAPERS PERSONAL&AOV INJURY $ 3,OOC,000 i 10,000 GENERAL AGGA GATE $ 6,000,000 �GENLAGGREGATE I-MI-A.PPLESPER PRODUCTS-COMRUPAGG S f),000,000 O- POUGY JPERCT LOG B X AUTOMOBILELIABILITY464 3243-C23-13 03/23/2016 09/23/2016 COMBINED SINGLE LIMIT $ 1,000,000 599 2031--x'01--13 06/01/2016 1.2/01/2016 (Eascdden9 ANY AUTO 464 3244-C23--13N 03/23/2016 09/23/2016 —— -- X ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (f'erperson) X X HIRED AUTOS BODILY INJURY X X NON-OWNED AUTOS (Pet seadent) 3 PROPERTYOAMAGE S (Per&oc4ardl OAR AGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN EAACG $ AUTO ONLY: AGO S A X EXCESSUMBRELLALIABILITY 93-BT-V535-8 09/01/2015 09/01/2016 EACHOCGURRENCE 5 2,000,000 X OCCUR DCLAIMS MADE AGGREGATE S 2,000,000 RDEOUCTfBLE S ETENTION S $ • WORKERS COMPENSATION AND 93-EG-13588-8 09/01/2D15 09/01/2016 X t,ICSTATU- OTH- EMPLOVERS'LIABILITY 74RY LlfAfr$ ER ANY PROPRIFTORIPARTNER]EXECUTiVE F.L.EACH ACCIDENT S 1,000,000 OFF ICER W.EMBER EXCLUDED? E,LDISEASE-EAEMPLOYEE S J-,000,000 11yes,describeunder sPEGIALPROVISIONS beIuN EL DISEASE-POLICYLIMIr Is 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DYSCRIBI=D POLICIES BE CANCELLED BEFORE THE EXPIRATION CITY OF OSHKOSH DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL— ATTN: CITY CLERK DAYS WRITTEN NOTICE TO THE CER71FICATE HOLDER NAMED TO THE LEFT,BUT FAILURE 215 CHURCH AVE TO DO 50 SHALL IMPOS12 NO.OBLIGATION OR LIABILITY OF ANY KIND UPON THE PO BOX 1130 INSURER,ITS AGENTS OR REPRESENTATI ES. OSHKOSH, 411 54903-i13D AUTHORI7�ED ENTATIV Z& L I AVOM 25(2001/08) The regls ra 10a no Ices In Ica a Own"Jpemawsbytheir a pe U OwnersON IU0977ow 132$48 03-13-2007 All rights reserved