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HomeMy WebLinkAboutMcMahon Commercial Building Plan Reviews 2019 0-4 Zg AGREEMENT THIS AGREEMENT, made and effective on the 1st day of January, 2019, by and between 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 between the City and Contractor: Michael J. McMahon, 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 II. 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. 1 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 all 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. TERM / TIME OF COMPLETION A. The initial Term of this Agreement shall begin on January 1, 2019 and end on December 31, 2021. This Agreement will be renewed for two (2) additional one (1) year periods at the option of the City, provided the City notifies Contractor in writing of its intention to renew at least sixty (60) days before the end of the initial or a renewal period. The terms of this paragraph are not intended to alter each party's Termination rights as described in this Agreement. 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 information 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 2 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. 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 "City" 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 legal 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. It is the parties' intention that the compensation to be paid by the City and received by the Contractor will be consistent with plan review charges and fees that the City is authorized to collect from those submitting plans as set forth in the Wisconsin Administrative Code. The City agrees to pay the Contractor the fee(s) as specified in Wisconsin Administrative Code Section SPS 302.31, as may be amended, or 3 per other applicable code section describing appropriate review fees and charges, that the City is authorized to collect from those submitting plans for review. 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. However, review fees and charges developed by the State that may otherwise be owed to the Contractor for plan review shall be reduced by any amounts that the City is required to pay the State, including as the Delegated Municipalities Fees identified in SPS 361.61(2)(b) and SPS 302.31(1)(h). The City shall identify for the Contactor any such deductions that will reduce amounts owed by the City to the Contractor. 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) B. Maximum Annual Payment. The maximum value of this Agreement for each calendar year shall be $30,000.00. Each parties' obligations for any particular calendar year shall end upon reaching the limitation, pending further extensions of the base maximum value. At such time as the maximum value of the contract is reached, the City and the Contactor shall negotiate in good faith any extension of the base maximum value. The extension of a base maximum value in one calendar year shall not act to extend the base maximum value in any subsequent year. C. 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. D. 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 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, its agents or assigns, its employees, or its SUBCONSULTANT related 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), which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CITY, its agents or assigns, its employees, or 4 its SUBCONSULTANTS related to the performance of this Agreement or be caused or result from any violation of any law or administrative regulation, 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. It is the intention of the parties to this Agreement that each party shall be solely responsible for its own actions and activities and the actions and activities of its own officers, employees and agents while acting within the scope of their employment 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 described to the satisfaction of both parties: 1. This Instrument 2. Contractor/Consultant's Proposal (if any and only if attached) 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. [signature page follows] 5 • In the P se a of: MCMAHO V(c t uTZ 5-t e / / E-4-5/ Rga/ M. h el J. McMahon, AIA C Fo E utive Vice President (Seal of Contractor if a Corporation.) CITY OF OSHKOSH By: Ma A. Rohloff, City Manager (Witness) And: (Witness) Pamela R. Ubrig, City lerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. ity Atto City Comp ro ler 6 Page 1 of 1 ® DATE(MM/D A CERTIFICATE OF LIABILITY INSURANCE os/ol/2018tole 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 have ADDITIONAL INSURED provisions or 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: Willis of Illinois, Inc. PHONE FAX (A/C.No.Ertl: 1-877-945-7378 (A/C,No): 1-888-467-2378 c/o 26 Century Blvd E-MAIL P.O. Box 305191 ADDRESS: certificates@willis.com Nashville, TN 372305191 USA INSURER(S)AFFORDINGCOVERAGE NAIC# INSURER A: Continental Insurance Company 35289 INSURED INSURER B: Transportation Insurance Company 20494 McMahon Associates, Inc. 1445 McMahon Dr, PO Box 1025 INSURER C: Continental Casualty Company 20443 Neenah, WI 54957 INSURER D: Liberty Insurance Underwriters Inc 19917 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:W7114457 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER IMMIDDPOLICV!YYYYI (MMIDD/YYYY) LIMITS EFF POLICY EXP LTR INSR WVD X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $ 100,000 A MED EXP(Any one person) 5 15,000 Y 6071922639 08/01/2018 08/01/2019 PERSONAL BADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JEa LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT y 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) S B - OWNED SCHEDULED y 6071922642 08/01/2018 08/01/2019 BODILY INJURY(Per accident $ AUTOS ONLY AUTOS ) HIRED - NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) E A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE 6071922656 08/01/2018 08/01/2019 AGGREGATE S 5,000,000 DED X RETENTIONS 10,000 S WORKERS COMPENSATION X STATUTE OTH - ER AND EMPLOYERS'LIABILnY C ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT 5 1,000,000 OFFICERMIEMBEREXCLUDED7 N/A 6071922673 08/01/201B 08/01/2019 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE 5 1,000,000 If yes.describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Professional Liability AEX197287-0118 08/01/2018 08/01/2019 Per Claim $3,000,000 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Additional Insured - General Liability and Automobile Liability: City of Oshkosh, and its Officers, Council Members, Agents, Employees and authorized Volunteers CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Oshkosh Department of Public Works Attn: James Rabe AUTHOR¢EDREPRESENTATIVE 215 Church Avenue, PO Box 1130 �� Oshkosh, WI 54903-1130 U4,44 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 16525373 BATCH: 810623