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HomeMy WebLinkAboutBay Title & Abstract/60 Year Title Certificiate Searches contract 13-25 2013 CITY OF OSHKOSH DEPARTMENT OF PUBLIC WORKS 215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130 PHONE: (920) 236-5065 FAX (920) 236-5068 LETTER OF TRANSMITTAL To: Ms. Michelle L. Hanseder Date: August 28, 2013 Bay Title &Abstract, Inc. Subject: Executed Agreement 121 Church Avenue 60-Year Title Certificate Searches Oshkosh, WI 54901 Contract 13-25 Please find: ® Attached El 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 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 60-year title certificate searches for North Main Street. 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 Attorney's Office—Copy City Clerk's Office—Original • POr cc: _ File —Original Signed: �� Tra 401 Tayl r 1:1Engineering113-25 N Main St Reconst-Des\Project_Information\CorrespondencelLOTs113-25 Bay Title LOT-Executed Agreemny_8-28-13.docx AGREEMENT THIS AGREEMENT, made on the 2?) day of Jl-u4uyT , 2013, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and BAY TITLE & ABSTRACT, INC., 121 Church Avenue, Oshkosh, WI 54901, 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 60-YEAR TITLE CERTIFICATE SEARCHES. The CONSULTANT'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. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the project described in this Agreement: Michelle L. Hanseder- Manager 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: Joseph Sargent, P.E. — Civil Engineer Senior ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. The CONSULTANT may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the CITY. 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. I:\Engineering12014 CONTRACTS114-02 N Main St Reconst\CONTRACTS\Title Contract114-02 Bay Title Agreement Form-Title Searches_7-9-13.docx Page 1 of 4 ARTICLE IV. 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 V. 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 VI. 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 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 VII. 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: I:IEngineenng12014 CONTRACTS114-02 N Main St Reconst\CONTRACTS\Title Contract114-02 Bay Title Agreement Form-Title Searches_7-9-13.docx Page 2 of 4 • Time and Materials Not to Exceed $19,000 (Nineteen Thousand Dollars). B. Method of Payment. The 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 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 VIII. CONSULTANT TO HOLD CITY HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONSULTANT, his agents or assigns, his employees, or his 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. ARTICLE IX. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. ARTICLE X. 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 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. I:\Engineering12014 CONTRACTS\14-02 N Main St Reconst\CONTRACTS1Title Contract\14-02 Bay Title Agreement Form-Title Searches_7-9-13.docx Page 3 of 4 ......._..... . 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. In the Presence of: CONSULTANT By: 4, ' �i✓ �� '=%tt � . it O ;CI( *4(11S Pa- niC,nQltr (Seal of Consultant (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH By: -A-KA--.. (Witness) Mark A. Rohloff, City Manager And: C I (Witness) �' --= �� '• •• 47 Clem/// A J a eP APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which which will accrue under this Agreement. fry 6.7 City Attorney geoynk3 City Comp yeller I:\Engineering12014 CONTRACTS114-02 N Main St Reconst\CONTRACTS\Title Contract114-02 Bay Title Agreement Form-Title Searches_7-9-13.docx Page 4 of 4 Sargent, Joseph R From: Doug Woelz[DWoelz @mcmgrp.com] Sent: Tuesday, June 11, 2013 12:07 PM To: dwalters @baytitle.com; orders @schmitt-title.com; Bskoglind @knightbarry.com; Allen, Ruth Cc: Sargent, Joseph R; Mike Simon Subject: North Main Street Oshkosh-Quote for Title Reports Attachments: Parcel Map-92 Parcels .pdf; Agreement& Insurance Requirements.pdf Estimator, McMahon is currently working on the design of a roadway improvement project for North Main Street located in the City of Oshkosh (Project ID No.4994-01-14/15). The project will entail easement acquisition between E. Murdock Avenue and E. New York Avenue. The City of Oshkosh is requesting a quote from your firm to prepare 60 year Title Reports for approximately 92 properties which includes: a) Current property deed, b) Property owners name and address, and c) Easements and/or Restrictions that affect the property with all attachments. (all copies included with said quote). The properties affected would be any parcel which abuts North Main Street from the South line of East Murdock Street to the South line of East New York Avenue. Also to include abutting properties on intersecting streets for a distance of 100 feet from the intersection with North Main Street. On the attached map I have numbered in red (1-92)the parcels affected by this project. If it is determined that right-of-way acquisition is needed on the project can you provide a separate cost on a per parcel basis for including mortgage searches and a separate item cost for any Title Report updates that may be required. Please mail your official quote by June 17th, 2013 to the City of Oshkosh—Department of Public Works,Attn:Joe Sargent, 215 Church Avenue, P.O. Box 1130, Oshkosh,Wisconsin 54903-1130 and by e-mail to ]Sargent @ci.oshkosh.wi.us and include an estimated timeframe on when you would be able to have the work completed by. Thank you in advance for your prompt response, Please feel free to contact me with any questions regarding this request Douglas E.Woelz-PLS Associate/Senior Land Surveyor McMAHON P.O.Box 1025 Neenah,WI.54957-1025 1445 McMahon Dr.Neenah,WI.54956 Ph 920-751-4200 Fax 920-751-4284 Cell 920-428-1480 e-mail:dwoelzCa)mcmgrp.com website:www.mcmorp.com Confidentiality Statement This email and any documents accompanying this transmission may contain confidential information that is legally privileged.This information is intended only for the use of the individuals or entities listed above.If you are not the intended recipient,you are hereby notified that any disclosure,copying, distribution,or action taken in reliance on the contents of these documents is strictly prohibited.If you have received this information in error,please notify the sender immediately and arrangements will be made for the return or destruction of these documents. 1 Y ...wxa,.a;:. ••.wruW.ww,•: . ...,.dt k'€:iiWn,i�4,,i13i4,.tG,.,,,..,,..FltFti,dti 5€x�WL. "rill U CSC K nwww ruaema.z.,., 1.71 (-1(:),; 5 i ,( HLIRO�J i ?1 0 ,j f el I r I ■ t ■ k , ... \�' (.n5 - AVE. E. NE`,ADA - I i'l LA 1 ..._ 1W Ya �a .. t ,, _ ,;„..„ _. , ., t. E. NEVADA {sti•E (Lti tt Batt t 'd Z.? {tf`" } /If i Imo\ BAY TITLE & ABSTRACT, INC. June 14, 2013 Joe Sargent Department of Public Works City of Oshkosh 215 Church Ave. PO Box 1130 Oshkosh, WI 54902 RE: Project ID No. 4994-01-14/15 North Main Street / Approx. 92 parcels Dear Joe, Pursuant to your recent email concerning the above project, you requested a quote for Title Searches for parcels in the City of Oshkosh. We will be able to provide you with 60-year Title (easement/row) Searches for the above project at a cost of $200 per parcel. Updates will be $25 per parcel. The reports to include the following: a) Names and addresses of all present owners, including mailing address and property address. b) A copy of the last conveyance (deed, land contract, etc) that conveys title to the present owner. If conveyance's legal description (including any exceptions therein) contains a reference to another deed, or to a Certified Survey Map, plat of survey, Subdivision Plat, Assessor's Plat, or Transportation Project Plat, a copy of the same shall also be included. c) Copy of Tax Map, if available. d) Copies of all Easements, Restrictions and/or Encumbrances and Liens found on each parcel. Upon approval of project, we estimate a 10-12 week time frame for completion. Please let me know if you would like us to proceed with the searches. My email address is mhansederObavtitle.com, phone number is (920)233-8301, and fax number is (920)233-8302. Thank you for choosing Bay Title &Abstract, Inc. to quote this project. If you have any questions or concerns, please feel free to contact me. We look forward to doing business with you. Sincerely, G 4 Pi" , Michelle L. Hanseder 121 Church Avenue Oshkosh, WI 54901 Phone)920-233-8301 Fax)920-233-8302 BAYTI-1 OP ID: SM AC-C)RO" DATE(MMIDDIYYYY} CERTIFICATE OF LIABILITY INSURANCE 08/13113 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 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 920-437-0587 NAME:CT Sue Mattson Ansay&Associates-Green Bay 920-437 179 PHONE 920-370 3230 FAX 419 S Washington St (AlC,No,Ext): (AC,No): 9204374179 PO Box 22368 A DRESS:sue.mattsoncgb.ansay.com Green Bay,WI 54305-2368 Paul T VanLaanen (1 INSURER(S)AFFORDING COVERAGE NAIC 1v;;', INSURERA:Hanover Insurance co INSURED Bay Title&Abstract Inc - INSURERS: David Walters PO Box 22070 INSURER c Green Bay,WI 54305 INSURER D: 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 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 IN R yip POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY)POLICY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X OB1931916900 09/23/12 09/23/13 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 300 000 , CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL R.ADV INJURY $ 1,000,000 GENERAL AGGREGATE _ $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 —7 POLICY JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ A X ANY AUTO AW1931904500 09/23/12 09/23/13 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ _ AUTOS (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE _ $ 1,000,000 A EXCESS LIAB CLAIMS-MADE OB1931916900 09/23/12 09/23/13 AGGREGATE _ $ 1,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION X WTATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS ER Y f N A ANY PROPRIETOR/PARTNER/EXECUTIVE WB1931538700 09/23/12 09/23/13 E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? N N f A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) Project 4994-01-14/15-North Main Street, Oshkosh, WI CERTIFICATE HOLDER CANCELLATION CIOSOS2 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 Attn: City Clerk PO Box 1130 AUTHORIZED REPRESENTATIVE 215 Church Avenue (Oshkosh,WI 54903-1130 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD