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HomeMy WebLinkAboutCarow Land Surveying Agreement 2016 /#A v AGREEMENT For Professional Services Date: 15-Mar-16 /V 1WProject No. Carow Land Surveying CITY OF OSHKOSH ATTENTION ALLEN DAVIS P.O. BOX 1130 OSHKOSH, WI 64903-1130 PROJECT DESCRIPTION: Land Surveying(Certified Survey Map)services located atlin on the East side of S. Main St.between 11th&13th Streets in the City of Oshkosh ,Winnebago County,Wisconsin SCOPE OF SERVICES: 1) Research public records for previous boundary surveys and current properly deeds, 2) Field survey and monument the boundaries of the subject property.Survey to show existing buildings structures,wells,Improvements and/or encroachments If any. 3) Prepare a Certified Survey Map in accordance to AE-7 minimum standards for property boundary surveys and Chapter 236, and local municipal requirements. Prepare 2 lot CSM. Submit map to your office.Your office responsible for approval& recording of the Certified Survey Map. SPECIAL TERMS:(Rotor Also to General Terms&Conditions-Attached) City of Oshkosh (Owner)agrees that the Project Description,Scope of Services and Compensation sections contained in this Agreement,pertaining to this project or any addendum thereto,are considered confidential and proprietary,and shall not be released or otherwise made available to any third party,prior to the execution of this Agreement,without the expressed written consent of Carew land Surveying Co.,Inc. Client Is responsible to attend all meetings and circulate the ORIGINAL certified survey mae for signatures COMPENSATION:(Does Not Include Permit or Approval Fees) ©Rates Per Attached Fee Schedule @ $1,950.00 © (review&recording fees) COMPLETION SCHEDULE: Field work 1-2 weeps when Instructed to proceed Recorded CSM your responsib€Ilty ACCEPTANCE; The General Terms&Conditions and the scope of services(defined in the above agreement)are accepted,and CAROW LAND SURVEYING Is hereby authorized to proceed with the services. This Agreement Confirms Our Written Proposal, Dated: Emalledproposal on March 15,2016 This Agreement Confirms Our Verbal Estimate Given On: The Agreement Fee Is firm For Acceptance tMthtn Sixty(60)pays From Date Of This Agreement OWNER: CAROW LAND SURVEYING CO., INC. By: 0y:9'a_:�z Xz r (Au orized Signature) (Authorized Signature) Title: -C_(77 f1�1J � __ Title: President Date: Date: 3/15/2016 Project Manager Christopher E.Perreault Please Return One Copy For Our Records Street Address:615 N.Lynndale Dr.,Appleton,WI 54914 Mailing Address:P.O.Box 1297,Appleton,WI 54912-1297 GENERAL TERMS & CONDITIONS APRIL 13, 1998 1. Carow Land Surveying Co., Inc.(Carow)will bill the Owner monthly with net payment due In thirty(30)days. Past due balances shall be subject to a service charge at a rate of 1.0%per month. In addition,Carow may,after giving forty-eight(48)hour notice, suspend service under any Agreement until the owner has paid In full all amounts due for services rendered and expenses incurred. These expenses Include_service charges on past due invoices,collection agency fees and attorney fees Incurred by Carow to collect all monies due Carow. 2. The stated fees and scope of services constitute our best estimate of the fees and tasks required to perform the services as defined. This Agreement,upon execution by both parties hereto,can be amended only by written instrument signed by both parties. For projects Involving conceptual or development services,activities often cannot be fully defined during initial planning. As the project progresses,facts uncovered may cause a change in direction,which may alter the scope of services. Carow will promptly inform the Owner In writing of such situation so that changes in this Agreement can be negotiated as required. 3. Costs and schedule commitments shall be subject to renegotiation for delays caused by the Owner's failure to provide speclfed facilities or Information,or for delays caused by unpredictable occurrences,Including without limitation,fires,floods,riots,strikes, unavailability of labor or.materials,acts of God or the public enemy,or acts or regulations of any governmental agency. Temporary delay of services caused by any of the above which results In additional costs beyond those outlined may require renegotiation of this Agreement. 4. The stated fee Is firm for acceptance by the Owner for sixty(60)days from date of publication of the Agreement. S. Reimbursable expenses Incurred by Carow in the Interest of the project Including,but not limited to,equipment rental,review and recording fees,and reproductions costs will be billed to the Owner at cost plus 10%. 6. When Carow,subsequent to execution of an Agreement,finds that specialized equipment must be purchased to provide special services,the cost of such equipment will be added to the agreed fee for professional services only after the Owner has been notified and agrees to these costs. 7. Termination of this Agreement by the Owner or Carow shall be effective upon seven(7)days written notice to the other party. The written notice shall Include the reasons and details for termination,payment Is due as stated in paragraph 1. If the Owner defaults fn.any of the Agreements entered into between Carow and the Owner,or If the Owner falls to carry out any of the duties contained in these terms and.conditions,Carow may,upon seven(7)days written notice suspend its services without further obl€gation or liability to the Owner unless,within such seven(7)day period the Owner remedies.such violation to the reasonable satisfaction of Carow: 8. Re-use of a documents,maps or CARD representation pertaining to this project by the Owner or extensions of this project or on any other project shall be at the Owners risk and the Owner agrees to defend,indemnify,and hold harmless from all claims, damages,and expenses Including attorney's fees arising out of such re-use of the documents,maps or CARD representations by the Owner or by others acting through the Owner. 9. Purchase orders-In the event the Owner Issues a purchase order or other instrument related to the project,it is understood and agreed that such document Is for the Owner's€ntemal accounting purposes only and shall In no way modify.add to,or delete any of the terms and conditions of this Agreement. If the Owner does issue a purchase order or other similar Instrument,It is understood and agreed that Carow shall indicate the purchase order number on the Invoices sent to the Owner. 10. Carow wiil provide services in accordance with generally accepted professional practices. Carow will not provide or offer to provide services inconsistent with or contrary to such practices nor make any warranty or guarantee,expressed or.Implied,nor to have any Agreement or contract for services subject to the provisions of any uniform commercial code. Similarly,Carow will not accept those terms and conditions offered by the Owner In its purchase order,requisition,or notice of authorization to proceed, except as set forth herein are expressly accepted In writing. Written acknowledgement of receipt,or the actual performance of services subsequent to receipt,of any such purchase order,requisition,or notice of authorization to proceed is specifically deemed not to constitute acceptance of any terms or conditions contrary to those set forth herein. 11. Carow intends to serve as the Owner's professional representative for those services as defined in this Agreement and to provide advice and consultation to the Owner as a professional. Any opin€ons of probable project costs,approvals,and other decisions made by Carow for the Owner are rendered on the basis of experience and qualifications and represent our professional Judgement. 12. This Agreement shall not be construed as giving Carow the responsibility or authority to director supervise construction means, methods,techniques,sequence,or procedures of construction selected by Contractors or subcontractors or the safety precautions and programs incident to the work of the Contractors or subcontractors. 13. Carow will maintain the following Insurance coverage; Workers Compensation Statutory (General liability Bodily Injury per incident $1,000,000 Property Damage per incident $1,000,000 Annual aggregate $2,000,000 Excess Liability(Umbrella)Per incident $1,000,000 Annual aggregate $1,000,000 Automobile Liability Bodily Injury$Property Damage $1,000,000 Professional Liability Coverage per Incident $1,000,000 Annual aggregate $2,000,000 If the Owner requires coverage or limits in excess of the above stated amounts,premiums for additional insurance shall be paid by the Owner.Carows liability to the Owner for any indemnity commitments,or for any damages for In anyway out of performance of our contract is limited to such insurance coverages and amounts.