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HomeMy WebLinkAboutLetter of Transmittal: Steiro Appraisal Services CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE;,P.O.BOX 1130,OSHKOSH,W1 54903-1130 PHONE: (920)236-5065 FAX(920)236-5068 LETTER OF TRANSMITTAL To: David,Steirc, _ Date: October 29,201€3 Steiro Appraisal Service,Inc. _ Subject: Executed Agreement for Kienast and 2244 Fox Heights Lane,Suite 101 Paulus Quarries Appraisal Services Green Bay,W1 54304 Contract 18-01 Please find. ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other .............. Quantity Description I Executed Agreement ........... ..... ---................................ These are being transmitted as indicated below: ❑ For Approval ® Far Your Use ❑ As Requested ❑ For Review&Cocnracnt Remarks: Enclosed is an executed agreement for the Kienast and Paulus Quarries appraisal services, A City of (Oshkosh,Purchase Order will follow shortly. Please reference this Purchase Order number on all of your invoices. If you b,ave any questions,please contact us. City Clerk's Office—Original cc: File—Original, ® Signed: Trac "T"aylor I1Eny.iecr4mg\,'t411NCpN"fRAC"('aM0Yk 11]Kuoaae�El Is0,1\I ni14U,l I4.%.­'fl [Ag,,,,Ee\Se'm A SYo,1o2'-E -Ageecrnevw{,1t1- I948'j— AGREEMENT This AGREEMENT, made on the ,/3G.. day of ��.._ � ...... 2018, by and between the CITY OF OSHKOSH; party of the first part,hereinafter referred to as CITY, and STFIRO APPRAISAL SERVICE.,INC.,'2244 Pox Heights Lane,Suite 101,Green Bay,WI 54304,party of the second part,hereinafter referred to as the CONSULTANT, WITNESSETt l: The CITY and the CONSULTANT, for the consideration hereinafter named, enter into the following AGREEMENT for KIENAST AND PAULU:S QUARRIES APPRAISAL SERVICES. ARTICLE I. PR.OlECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: David E.Steiro,CAA—ConsultantaAppraiser° 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 Manages. 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 11. CITY REPRESENTATIVE The CITY shall assign the hallowing individual to manage the PROJECT described in this AGREEMENT: James Rabe,P.E.,CPESC—Director of Public Works ARTICLE Ili. SCOPE OF WORK The CONSULTANT shall provide the services described in the.CONSULTANT's E- Mail dated October 9,2018. The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost of or lime required for performance of the services, an equitable adjustment will be made Ill r'ough an amendment to this AGREEMENT. i.t1 y,tsme a u III Mo Is 01 K k LF e r -iI f a ire 1 of 7 IW11V sLln tA,ro.¢ ail,\Siry hen 5, 18l1IA,1 nc in A,,5,-1011dN nix All reports, drawings, specifications,, computer files, field data, notes, and other documents and instruments prepared by the CONSULTANT as instruments of service shall become property of the CI'T'Y upon payment for those documents by the CITY to the CONSULTANT,and shall remain the property of the CITY. ARTICLE IV. s'TANDARD OF CARS The standai d of care applicable to CO➢`1SULTANT'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. 06'INIC7N5 OF CC)ST T1T'NANCIAI,CON51['�ERAT'IONS AND SCHEDUI LS In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT,CONSULTANT has no control over cost or price of labor and materials;unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by operating personnel or third parties; and other economics and operational factors that may materially affect the ultimate project cost or schedule. 'I'lierefore,it is understood between[lie parties the CONSULTANT makes no warranty the CITY's actual project costs,financial aspects,economic feasibility,or schedules will not vary from CONSULTANT',opinions,analyses,projections,or estimates. ARTICLE VI 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 emissions in the information from others the CONSULTANT reasonably relied upon and are incorporated into the record drawings. ARTICLE VII. CITY RESPONSIBILITIES The CITY shall furnish, at the CONSULTANT's req'a.est, 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. �� �,�� r a„gAzos coKaxAcr511ea .,a�w,�F%I I1„i�o�mr �c i Page2of7 0 0:,�0 Inln1Ln.swE,.mn ngmurenelSminANpr SnrvS YAIII A,,,,,—,-A,,& 1111-10.x ou- ARTICLE VIIT ASBTI'STO'S OR I°IAZARDOUS SUBSTANCES If asbestos or hazardous substances in any forrn are encountered or suspected, CONSULTANT will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. If asbestos is suspected, CONSULTANT will, if requested, manage the asbestos remedlation activities using a qualified subcontractor at an additional fee and contract terms to be negotiated. If hazardous substances other than asbestos are suspected, CONSULTANT will,if requested, conduct tests to determine the extent of the problem and will perform the necessary studies and recommend the necessary remedial measures at an additional fee and contract terms to be negotiated. "]'he CITY recognizes CONSULTANT assumes no risk and/or liability for a waste or hazardous waste site originated by other than the CONSULTANT'. ARTICLE IX. CITY's INSURANCE The CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. The CITY will provide(or have the construction contractor(s)provide) a Builders Risk All Risk insurance policy for the full replacement value of all project work including the value of all onsite CITY-.furnished equipment and/or materials associated with CONSULT'ANT's services. Upon request,the CITY will provide CONSUI..TA:NT a copy of such policy. ARTICLE X. 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 CONSUI-TANL`s E-Mail dated October 9,2018, The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The CITY agrees 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 r e -gUOIBen61:RAQF5%16 m h u 1 IFr i.�,.l..m���r a�o-,aa Page 3 of IrvtoiC svG ana Apec h�5.^m App Se 18 nI Ag,­11M App.S.rv_l417B,d— by the CITY,or discovery of any hazardous substances or differing site conditiorts. 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 CONSU[JAN'I'shall be entitled to an equitable adjustment in schedule. ARTICLE XI. 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. CONSUL,TANT's E-Mail dated October 9,2018 and attached hereto In the event 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 XII. PAYMENT A. The Agreement Sum. The CPT°Y 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 $8,250 (Eight Thousand Two Hundred Fifty Dollars). E. Method of Payment. The CONSULTANT shall submit itemized monthly statements for services. The C3TY 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. =\�P `61201AC) 11Ci51.n K. tt' 1. \ I ] \C. Page 4 of A I�Pa�f roP m,Agm tin npv �\18 f npprx_10 17 1R.d— D. Iindirect Costs. Indirect costs such as computer time,,printing,copying,cell phone charges,telephone charges,and equipment rental shall be considered overhead and shalt not be invoiced separately to the PROJLCT. E, Expenses. Expenses may be billed with up to a maximum of 10%mark-up. All invoices with expenses shall include supporting documentation of the expense. Failure to include the supporting documentation will result in the reduction of payments by the amount of those expense(s)not including documentation. ARTICLE XIII. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions,claims,and demands to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts of the CONSULTANT,his/her agents or assigns,his/her employees,or his/her subcontractors related to the performance of this AGREEMENT or be caused or result from any violation of any law or administrative regulation,and shall indemnify[tie CITY for all sums including court costs, attorney fees, and damages of any kind which the CITY may be obliged or adjudged to pay on any such claims or demands upon the CI Y'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 CONSUL T'ANT 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 X1V. 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,coundI members,agents,employees,and authorized volunteers. =�F It\20181 ie M�III k ,..i. 1F Page 5.17 InG 14. .It..oC Ab+c. t\111m'nynp Mid I,,n,bre. o�.IPP,xn_i-n-lft d... ARTICLE XV. T'ERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this AGRFEMENT,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. t3. For Convenience. The CITY may terminate this AGREEMENT at any time by giving;written notice to the CO'NSULTAN".T no later than ten(10)calendar days before the termination date_ If the CITY terminates under this paragraph,them 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 AGRF;F;MENT and any alteration thereto shall be invalid unless made in writing,signed by both parties and incorporated as an amendment to this AGREEMENT. ARTICLE XVL RE-USE OF PROJECT DOCUMENTS All reports, drawings, ,specifications, documents, and, other deliverables of CONSUL TANT,whether in hard copy or in electronic.form,are instruments of service for this PROJECT,whether the rROJECT is completed or not. The 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 XVII. SUSFI'NSION DELAY OR IN'T"ERIZiPFTION OFUT(TR'.K The CITY may suspend,,delay, or interrupt the services of CONSULTANT for the convenience of the CITY. In such event,CONSULT'ANT's contract price and schedule shall be equitably adjusted. 6AIQ[8 CON WACISlIN of t, "e- ¢.€w1 r t ati< tc noaRE Page b of 7 LJo\C P.nt Aga, .1St.-App, �n 11641 Ageeen tApp Lax 1G-1')-BAd g ARTICU XVIII_NQ T111RD-I'Aly'FY-Bl?,NL'I,'I(,'TAR1LS ,['his AGRELMENT gives no rights or benefits to anyone other than the CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: 'ANT ---------- By. (Seal of ConSUltant if a Corporation) (Specify'Title) By: (Specify Title) CITY OF OSFIKOSH B Y: (Witness) k A Roh(Jf�C ty anager And: A (Witness) Panith", 4: C it C rk I AJTROVUDl I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT, J yy Attorney,, City Comptrollei "r'\X Is CON 1911,1 1 .1 K­­1 I J,F\I' W, A,;,,­ 1 A[,,S­,lfl 0 1 A,- 1 11 Aj,, 10 17 ISA,­ Poge 7of 7 Ta lor,Trac L. From: Dave Steiro<dste'sro@steiraappraisal.com> Sent: Tuesday,October 09,2018 9:06 AM To: Taylor,Tracy L Subject: RE:Fees for Kienast Paulus work Hi Tracy, The revised scope of work with include the revaluation of 3 parcels,905 W, 17th Ave-9141002000,885 W l7th Ave-91410020800 and the adjacent parcel. 91.410020700 and new valuations of 2 parcels-1732 Knapp Street- 9'1.410080101(,Partial acquisition)and 859 W 17th Ave-914100201.00. The total fee for the completion of the project will not exceed$8,250. Let me know if you have any questions. 'Thanks, Lave David E.Steiro,GAA Wisconsin Certified General Appraiser 4933 2244 Fox heights lane,Suite 101 Green Bay,WI 54304 920-497-1849 email dave@steiroappraisal.coni. web site:www.steii-oappraisal.com This e-mail message,including any attachments,is intended only,for the use of the recipient(s)and may contain privileged and,confidential information. Any unauthorized review,disclosure,copying,distribution or use is prohibited.If you have received this e- mail by mistake,please notify us immediately by reply e-mail and destroy all copies of the original message. Thank you, -----Original Message----- From:Taylor,Tracy L,�lTaylorCo)ci.os'lakosh.wi.us> Sent:Monday,October S,2018 1.1:05 AM To:'Randy Moss'<randyClanossassoei,atesllc.com>;'Dave Steiro' <dsteiroC�steiroappra saLcorn>;Kathryn Jerdee<kathryncni+inossasseciatesllc.cotm> Cc.Rabe,James E,<jrabe@ci.oshkosh.wi.us> Subject R6:Pees for Kienast Paulus work So,this Lq in addition to the original$6,125 for your firm? Tracy L.Taylor r CERTIFICATE OF LIABILITY INSURANCE American Family indu�rance Company ❑ American Family Mutual Insurance Company,5.1.if selection dox is not checked, DOW American Pky Madison,Wisconsin 53783-0001 RECEIVED Insured's Name and Address Agent's Name,Address and Phone Number(Act MIA) - Steiro Appraisal Services Inc Donald Michael Bohnert 2244 Fox Heights Ln Ste 101 806 S Military Ave 0 C T 2 2 2018 Green Bay,VIA 54304 Green Bay,WI 54304 (920)499-6611 (0391023) DF Pi°OF PU B LIC WORKS This certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. OSHKOSH,W ISCONSIN This certificate does not amend,extend oralter the coverage afforded by the policies listed below. COVERAGES Th t dfy lh tp tl PI is nce I l d a h is... tl ih d d P f N p l'yP tll d i d W Ih R d e y q l 1 nil R... il mentw An re�.ped tlo wh nN inu veil ilcate me be lssu dnr Pilo 1 t vathar y y peda'n.Ih Insurance.Hord.®mry flee Ipnlrc ax tlescnb¢d hares r is suhie.l to all the C sclus ails,a tl condllimns of sncn policies, TYPE OF INSURANCE POLICY NUMBER _POLICY DATE . EFFecrly EXYIRATIGN LIMITS OF LIABILITY (Mop Dal H DmaaWnarsf noddy Injury and Pray"ny Damage MabilehomeoWners Liability _ Easf,ona,,-..a g ,000 Bdatownei-s Liability ooaly In cy mild Padpeuy oameee - eacn occt.lrcanca $ ,ODD Personal Umbrella Liability aodiy lnruryand Peopedy damage Each ad.—,e $ 000 Farm Ldaality&Wsrspnal L'iabilily FarmiRanch Liability Eanrro�mnan.a $ 000 .. _..—.m...�_ — Farmm Employer's Liabil'i(y - $ ,000 Statutory Workers Compensation and 04/22/2018 04122/2019 Earh.Aacid.af Employers liability f 4$-XG3$07-09 _.h.,m.-., $ 100,000 Dlseaae.eacn aaapu.yea $ 100,001) Diaeasa.aorr.y u�mra " $ 500,Ooo General Liability can aral Ag®ragace $ 2,000,boo 0 Commercial General Products.c—Plated opanatlons Agyregala $ 2,000,o00 Liability(occurrence) 48-XG3807-03 04/222018 04/22/2019 ne"a l n0'p°"¢"isina Mary 3 1,000,000 ❑ Eann onenrrznm .. g. ,000 L� damage ld Fr�misas ReniPA to xya ...- $-mm 100,000 1,000,000 Bus nessowners Liability F:acn ocemn ncetl $ - y00 - Liquor Liability common cause U., _ $ .000 A99�a0a1¢ltmli $ ,000 Automobile Liability am6liy in" Ea P.,smn $ 250,000 ❑Any Auto El All Owned Autos eddy 111,-Each Acaldom $ 500.000 ❑Scheduled Autos 48-XP9677-01 03/2612018 03/26/2019 'rrnpeny Damaga� .- _ $ -- 250,000 Hired Auto Nonowned Autos —�'""'""""—'-"""' - ® Bodily Injury and Property namagp combined $ 000 Excess Liability ❑commercial Blanket Excess ® EdCn OccurtencedAg01'egalo $ ,ODD Other(Miscellaneous Coverages) - DE5CnIm1CINOFOPFSATIDNSI LOCATIONSIVEHIf I,ES/ftE51'RICTlONS f;P[CIAL ITEMS ""''" "- - CityofGshkosh tThemmvtdnaimrpar0 ❑Hasa Department of Public Works artlwra as Insvrsd¢lacemd m b¢wuaratl amder lma pPrtcy-©nano not PG Box 1130 ttpr.am.la.c.inplalad aP¢raun�+s n......t¢ Oshkosh,WI 54903 la egma3 r eacn s«nanca ljjma and e Included in policy aggraple. CERTIFICATE HOLDER'S NAME AND AGGRESS CANCELLATION Should any of me sadve d scr dp d poll-s be...cell d b f a in ma thi exp 1 on dale Ih neat, P pony will end r t-( da,si w Il atlas In IP Cartt[c1a, Hodder ne1hlnad,.bet t 19ur¢N mail such Poetic.shall Irnpoaa rlo obligalimn orlidbillly of any kmd e,pmn Ctvn company.its.gems Pr repres¢mlalivns.-10 days unless different aapntb¢r of days ahox x This carliFas c o-mga'tlh the dale oT is only."One"above d.sinbad pafi.ies n sublact tlo canvallatlun In eon(rnanity wPth Ii1¢Ir I¢rms and 5y the laws of the hale p(4%5na, !DATE PSSLIEfJ AUTH e12 OEU R[PAESENI'AI 11E w 10/18i2018 mu"ael Bohnert U-201 Ed.5100 Stock No,06658 Rev.7102