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HomeMy WebLinkAboutCarow Land Surveying Co.-Westtowne Water Quality Basin 2017 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: Robert Reider Date: January 17,2017 Carow Land Surveying Co., Inc. Subject: -Executed Agreement for Survey Po Box 1297 Services related to acquisition for Appleton, W1 54912-1297 Westowne Water Quali!y Basin Contract 17-13 Please find: Z Attached ❑ Under Separate Cover ❑ Copy of Letter Z Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity — Description Executed agreement These are being transmitted as indicated below: ❑ For Approval ❑ For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is the executed agreement for the survey services related to the acquisition for the Westowne Water Quality Basin. 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. John Ferris—Copy w/o encl. City Clerk's- Original cc: File—Original Signed: TracyX. jaylor U f:\Engineering\2017 CONTRACTS\17-13 Westowne Basin\Project_lnformation\Contract Info\Consultant Agreements\17-17Carow Lor-Executed Agreement-SurvServ-1-17-17.docx AGREEMENT -T+ I This AGREEMENT, made on the (b" day of 2010, by and between the CITY OF OSHKOSH, party of the first part, hereinafter r (erred to as CITY, and CAROW LAND SURVEYING CO., INC., PO Box 1297, Appleton, WI 54912-1297, 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 SURVEY SERVICES RELATED TO THE ACQUISITION FOR THE WESTOWNE WATER QUALITY BASIN. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The CONSULTANT shall assign the following individual to manage the PROJECT described in this AGREEMENT: Robert F. Reider, P.L.S. —President 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: John Ferris, RE,—Civil Engineering Supervisor I:\Engineering\2017 CONTRACIS\17-13 Westowne Basin\ProjecL-Inforrnation\Contract Info\Consultant Agrmments\17-13 Canow-Sun,Serv-12-6-16.docx Page 1 of 6 ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services described in the CONSULTANT's Proposal. CITY may make or approve changes within the general Scope of Services in this 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. 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. 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 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. ARTICLE X. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the I The within the time limits as agreed upon in the CONSULT ANT's Proposal, 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 I:\Engineering\2017 CONTRACTS\17-13 Westowne Basin\Project_Information\Contrail Page 2 O{6 Info\Consultant Agreements\17-13 Carow-Sum Serv_12-6-16.docr 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 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 Proposal dated November 3, 2016 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: • Lump Sum Not to Exceed $3,400 (Three Thousand Four Hundred 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 paym�nt of such amount and shall provide to CONSULTANT a statement as to the reason(s)for withholding payment. IA Engineering\2017 CONTRACTS\17-13 Westowne Basin\Projee<_Information\Contract Page 3 Of 6 Info\Consultant Agreements\17-13 Carow-Sun,Sery12-6-16.docz 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. 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. o ' 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 which may be to the proportionate extent caused by or result from the intentional or negligent acts of the CONSULTANT, his/her agents or assigns, his/her employees, or his/her 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 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 XIV. INSURANCE The CONSULTANT agrees to abide by the attached City of Oshkosh Insurance Requirements. I:\Engineering\2017 CONTRAC17S\17-13 Westowne Basin\Project_Infonnation\Contrail Page 4 Of 6 Info\Consultant Agreements\17-13 Caroiv-Sury Serv_12-6-16.doer 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. 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 CITY may suspend, delay, or interrupt the services of CONSULTANT for the convenience of CITY. In such event, CONSULTANT's contract price and schedule shall be equitably adjusted. I:\Engineering\2017 CONTRACCS\17-13 Westowne Basin\Project_Information\Contract Page 5 of 6 Info\Consultant Agreements\1743 Carow-Sun,Serv_12-6-16.docx ARTICLE XVIII. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than CITY and CONSULTANT and has no third-party beneficiaries. In the Presence of: CONSULTANT By: (Seal of Consultant s 1,40e if a Corporation) (Specify Title) By: /110K (Specify Title) CITY OF OSIJ By: (Witness) es Rabe,Director of Public Works 1:\EnginLvring\20I7 CONTRAC-M\17-13 Westowne Basin\Project—Womation\Contract Page 6 of 6 Info\Consultant Agmements,\17-13 Cirow-Su"Serv._l 2-6-16.doex VI SND RECEIVED • G November 3,2016DEC ® 12016 COMPANY.INCO�ORA1m DEPT OF PUBLIC WORKS OSHKOSH, WISCONSIN 615 N.Lynndale Drive. City of Oshkosh Engineering P.O.Box 1297 Appleton,Wisconsin 54912-1297 Attention John Ferris Phone(920)731-4168 P.O.BOX 1130 Fax (920)731-5673 Oshkosh, WI 54903-1130 RE: Westowne Basin Plat of survey&CSM John, Thank you for allowing our office to present this proposal.The first part of the project would involve the field survey work to establish the limits of the new lot line between the City of Oshkosh and the adjoining property owner. After the field work is completed a Plat of Survey drawing would be prepared along with the legal descriptions needed to create the proper transfer documents and revise the ownership to match the survey drawing. After the owners have come to an agreement and the parcels are transferred,we would then draft a two lot certified survey map to create a separate lot for each owner.The total costs for all of our work would be$3400.00. Your office would be responsible to obtain the approvals, owners signatures,pay city fee, etc. on the ORIGINAL certified survey map. If you have any questions,please call at anytime. Thank you again for allowing us to provide this estimate and I look forward to the successful completion of your project Sincerely, gzo';;� --'-� Obert F. Reider6 Residential Lots• Farm Acreage Surveys • commercial&Industrial Surveys• Topographic&Land Title Surveys• Mapping Residential Planning 9 Subdivisions• Legal Descriptions• Building Staking• Construction Staking • condominium Plats AC"R"® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY IN12/16/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may reqt a an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). jZECENI1) PRODUCER CONTNAME,ACT Kyle M Lange Kyle M Lange Agency, LLC 'LO$ a"C.oNo Ext: (920) 725-2002 a o. (920) 725-2005 851 Racine St Ste A D�� E-MAIL klange@amfam.com Menasha,WI 54952 (920) 725-2002 (087/015) PT 011 h LI B 1 l C WC Rte INSURERS AFFORDING COVERAGE NAIC# DC ;r w ISC0 V I RERA:American Family Mutual Insurance Company 19275 INSURED INSURER B: Carow Land Surveying Co., Inc. INSURER C: 615 N Lynndale Dr INSURER D: Appleton,WI 54914 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MM/DDIYYYY MM/DD/YYYY LIMITS AUTOMOBILE LIABILITY BODILY INJURY(Per person) $ 1,000,0W Q ANY AUTO BODILY INJURY(Per accident) $ 1,00,000 A ❑ ALL OWNED SCHEDULED AUTOS ❑ AUTOS y 48-XV4771-02 04/13/2016 04/13/2017PROPERTY DAMAGE $ 1 ❑ HIRED AUTOS ❑ NON-OWNED $ AUTOS BODILY INJURY ❑ I $ ❑X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ❑ ❑ CLAIMS-MADE ❑x OCCUR PREMISESO(Ea occccurrence) $ 100,000 x❑ iso form CG 20 37 MED EXP(Any one person) $ 5,000 A ❑ y 48-XV4771-01 04/13/2016 04/13/2017 PERSONAL&ADV INJURY $ 2,00,000 GENERAL AGGREGATE $ 4,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 4,000,000 F] POLICY 0 PROJECT [—] LOC ❑OTHER $ ❑X UMBRELLA LIAB x❑ OCCUR EACH OCCURRENCE $ 1,000,000 A ❑ EXCESS LIAB ❑ CLAIMS-MADE y 48-XV4771-03 04/13/2016 04/13/2017 AGGREGATE $ 1,000,000 ❑ DED 0 RETENTION$ $10,000.00 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N ❑ PER ❑OTHER ANY PROPRIETOR/PARTNER/EXECUTIVE N E.L.EACH ACCIDENT $ 500,000 A OFFICER/MEMBER EXCLUDED? N/A 48-XV4771-90 04/13/2016 04/13/2017 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 50,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insureds per attached endorsements. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department.These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk—City of Oshkosh. CERTIFICATE HOLDER CANCELLATION City of Oshkosh, Attn: City Clerk SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue THE EXPIRATION DATE THEREOF, NOTICE VMLL BE DELIVERED IN PO Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh, WI 54903-1130 AUTHORIZED REPRESENTATIVE Project: Westowne Water Quality Basin Survey KYLE M LANGE @1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AC RO L> ik. - REMARKS ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD JSJ POLICY NUMBER: 48XV4771-01 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS,LESSEES OR RECEIVED - CONTRACTORS-COMPLETED OPERATIONS JAN - 4 - 201 This endorsement modifies insurance provided under the following: DEET Ol-,NUBLIC OSHKOSH, FORKS COMMERCIAL GENERAL LIABILITY COVERAGE PART k"SOONSIN SCHEDULE Name Of Additional Insured Person(s)Or Organization(s) Location And Description Of Completed Operations: CITY OF OSHKOSH, AND ITS OFFICERS, PROJECT: WESTOWNE WATER QUALITY BASIN COUNCIL MEMBERS, AGENTS, EMPLOYEES AND SURVEY AUTHORIZED VOLUNTEERS WESTOWNE AVE OSHKOSH WI DURATION: 1/1/2017 THRU 2/27/2017 WORk: COMPLETING BOUNDARY WORK Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily injury"or "property damage" caused, in whole or in part, by"your work"at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products-completed operations hazard". CG 20 37 07 04 ©ISO Properties,Inc.,2004 Stock No.21150 JS J POLICY NUMBER: 48XV4771-01 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS,LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): CITY OF OSHKOSH, ITS OFFICERS, COUNCIL MEMBERS, AGENTS, EMPLOYEES AND AUTHORIZED VOLUNTEERS Location(s)Of Covered Operations: All locations where the Named Insured is performing ongoing operations for the Named Additional Insured Person(s) or Organizations (s) . Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an injury", "property damage"or"personal and advertising injury additional insured the person(s) or organization(s) shown in caused, in whole or in part, by: the Schedule, but only with respect to liability for"bodily 1.Your acts or omissions; or Page 1 of 2 CG 2010 07 04 ©ISO Properties,Inc.,2004 Stock No.05781 r. 00X00000-00 Userid 2. The acts or omissions of those acting on your behalf; 1. All work, including materials, parts or equipment furnished in the performance of your ongoing operations for the in connection with such work, on the project (other than additional insured(s)at the location(s)designated above. service, maintenance or repairs)to be performed by or on B. With respect to the insurance afforded to these additional behalf of the additional insured(s) at the location of the insureds, the following additional exclusions apply: covered operations has been completed;or This insurance does not apply to"bodily injury"or"property 2. That portion of "your work"out of which the injury or damage"occurring after: damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. I I C c i jPage 2 of 2 CG 2010 07 04 ©ISO Properties,Inc.,2004 Stock No.05781