HomeMy WebLinkAboutLetter of Transmittal: Randy Moss w
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CITY OF OSHKOSH
DEPARTMENT OF PUBLIC WORKS � I
215 CHURCH AVENUE, 11.0. BOX 11.30, OSHKOSH, Wl 54903-1130
PHONE: (920)236-5065 FAX(920)236-5068
LETTER OF TRANSMITTAL
To: Rand. Moss _ Date: November 7, 2018
1556 Apache Avenue Subject: Executed.Agreement for Kienast and.
Green 13ay, Wl. 54313 Paulus Quarries Acquisition Services
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter Contrasts ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantit Description _._..
1 Executed Agreement
These are being transmitted as indicated below:
❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment
Remarks:
Enclosed.is a copy of the executed agreement for the Kienast and Paulus Quarries acquisition services.
A City of Oshkosh Purchase Order will follow shortly. Please reference this Purchase Order number
on all of your invoices.
If you have any questions, please contact us.
City Clerk's Office—Original
cc: File—Original Signed:
Tra y . Taylor
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AGREEMENT
This AGREEMENT, made on the; S7day ofl—Ll 6 o' 2018, by and
between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY,
and MOSS & ASSOCIATES, LLC, 1556 Apache Avenue, green Bay, WI 54313, party of the
second part,hereinafter referred to as the CONSULTANT,
WITNESSETH:
The CITY and the CONSULTANT, for the consideration hereinafter named, enter
into the following AGREEMENT for KIENAST AND PAULUS QUARRIES ACQUISITION
SERVICES.
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. 17he CONSULTANT shall assign the following
individual to manage the PROJECT described in this AGREEMENT:
Randy Moss—Consultant/Negotiator
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:
James Rabe, P.E., CPESC—Director of Public Works
ARTICLE 111. SCOPE OF WORK
The CONSULTANT shall provide the services described in the CONSULTANT's
Proposal and E-Mail dated October 17, 2018. The CITY may make or approve changes
within the general Scope of Services in tl-Lis 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.
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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 CITY upon payment for those documents by the CITY to the
CONSULTANT, and 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. OPINIONS OF COST, FINANCIAL CONSIDERATIONS, AND SCHEDULES
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 economic and operational factors that may materially affect the ultimate project cost
or schedule. Therefore, it is understood between the parties the CONSULTANT makes no
warranty the CITY's actual project costs, financial aspects, economic feasibility, or schedules
will not vary from CONSULTANT's 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
omissions 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 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.
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ARTICLE VIII. ASBESTOS OR HAZARDOUS SUBSTANCES
If asbestos or hazardous substances in any form 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
remediation 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.
The 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
CONSULTANT's services. Upon request, the CITY will provide CONSULTANT 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 CONSULTANT'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
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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 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. CONSULTANT's E-Mail dated October 17,2018 and attached hereto
3. CONSULTANT's Proposal dated July 18, 2017 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 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:
• Time and Materials Not to Exceed $8,887 (Eight Thousand Eight Hundred
Eighty Seven 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.
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D. Indirect Costs. Indirect costs such as computer time, printing, copying, cell
phone charges, telephone charges, and equipment rental shall be considered overhead and
shall not be invoiced separately to the PROJECT.
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 the 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 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 XTV. 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.
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ARTICLE XV. 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 (10) 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 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.
ARTICLE XVI. 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. 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. SUSPENSION,DELAY, OR INTERRUPTION OF WORK
The CITY may suspend, delay, or interrupt the services of CONSULTANT for the
convenience of the CITY. In such event, CONSULTANT's contract price and schedule shall
be equitably adjusted.
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ARTICLE XVIII. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT gives no rights or benefits to anyone other than the CITY and
CONSULTANT and.has no third-party beneficiaries.
In the Presence of: CONSULTANT
By:
(Seal of Consultant
if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
By:
(Witness) ark A. c>h,of Ci Manager
And: T
(Witness)
C ijywlerk
e a
APPROVED: I hereby certify that the necessary provisions
r,\ e,I
--LW.14
have been made to pay the liability which
will accrue under this AGREEMENT.
y, ttormney
-j
City Comptroller
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Proposal of Services Kienast and Paulus Quarries
City of 0shkosh RECETVED
Negotiation 18 2017
Acquisition of parcels: DEP`r OI-' PUBLIC WORKS
OSHKOSH, WISC,ONSIN
2 Pull Acquisitions $2,025
1 Partial Acquisition $600
Total $2,625
Relocation
Small Projects Relocation Plan $1500
Relocation of Relocatees $2,000
Appraiser
4 Appraisals $8,850
Grand Total $14,975
Taylor, Tracy L
From: Kathryn Jerdee <kathryn@mossassociatesllc.com>
Sent: Wednesday, October 17, 2018 11:52 AM
To: Taylor, Tracy L; Randy Moss
Cc: Rabe,James E.
Subject: RE: Fees for Kienast Paulus work
Hi Tracy,
I apologize, we thought we had. responded to your email earlier. To answer your question, the below figures
($2,762) are in addition to the original$6,125 due to the added elements of this project. Please let me know if
you have any further questions.
I additional relocates $1,000
Change from Small Projects Relocation Plan to Full Report $750
1 additional acquisition $1,01.2
1 additional appraisal (Steiro)
Update of original appraisals (Steiro)
have a great day!
Ka thryn Jerdee
Moss & Associates, LLC
(920) 246-7336-Mobile
1.556 Apache Avenue
Green Bay, Wl 540313
-`----Original Message-----
From: Taylor,Tracy 1,<TTaylor@ci.oshkosh.wi.Lis>
Sent: Wednesday, October 17, 2018 11:15 AM
To: Randy Moss<randy@i-nossassociatesllc.com>;Kathryn Jerdee<kathryn(qmossassociateslIc.com>
Cc: Rabe,James F. <jrabe@ci.oshkosh.wi.-us>
Subject: F'W: Fees for Kienast Paulus work
I still neect an answer to my question.
Tracy L. Taylor
Department of Public Works
City of Oshkosh
920.236.5195
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-----Original Message-----
From: Taylor,Tracy L
Sent: Monday, October 08, 2018 11:05 AM.
A�--- DATE(MMIDDIYYYY)
CERTIFICATE OF LIABILITY INSURANCE 10/23/2018
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(les)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 NAME:OT Vicki Kamps
Peter Baierl Insurance&Investments,Inc. PHONE 9204901022
RL-C,EI�7,�'l AFAX
IC No Ell): A/C,No):
1345 West Mason Street ADDRESS; vkamps@baierlinsurance.com
n pp INSURER(S)AFFORDING COVERAGE NAIC#
Green Bay U 10 WI 54303 INSURER A: SENTINEL INS CO LTD 11000
INSURED INSURER B:
MOSS&Associates,�-WPT'01-.P U 13 Ll C W 0 RKS INSURER C:
2935 Newcastle Ave OSEIK()Sl-I, WISCONSIN INSURER0:
INSURER E:
Green Bay WI 54313 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 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.
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE __ $ 2000000
CLAIMS-MADE a OCCUR PREMISES(E occu ence) _ $ _ 1000000
MED EXP(Any one person) $ 10000 -
A 83SBAIL5288 04/03/2018 04/03/2019 PERSONAL&ADV INJURY $ 2000000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4000000
POLICY PRO-- El LOC PRODUCTS-COMP/OP AGO $ 4000000
OTHER: EPLI $ 10000
AUTOMOBILE LIABILITY (Ea accident) $
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED $
AUTOS ONLY AUTOS ONLY (Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAR HCLAIMS-MADE AGGREGATE $
DED I I RETENTION$ $
ORKERS COMPENSATION IPER
STATUTE ER
ND EMPLOYERS'LIABILITY Y/N
ANY PROPRIETOR/PARTNER/EXECUTIVE❑ NIA E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? ---
Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $
if yes,describe under ---
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ '..
Y
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)
Additional Insureds on Commercial General Liability arising out of project work shall be City of Oshkosh,and its officers,council
members,agents,employees and
authorized volunteers.
Certificates of Insurance acceptable to the Cit of Oshkosh shall be submitted prior to commencement of the work to the City Department.
These certificates shall
rnntain a nrnvicinn that rnve.raor.affnrdr.d rmdPr the.nnliry will not hp ranreled nr non re.newerl until nt le..act 10 einvc'nrinr written nntirP.
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 ACCORDANCE WITH THE POLICY PROVISIONS,
ATTN:Tracy Taylor AUTHORIZED REPRESENTATIVE
215 Church Ave PO BOX.1130 Peer rat
Oshkosh W154903-1130
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