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HomeMy WebLinkAboutMoss & Associates & Oshkosh 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: Randy Moss Date: –January 27,2017 Moss&Associates,LLC Subject: Executed Agreement for Wetland 1556 Apache Avenue Mitigation Bank Development Green Bay,WI 54313 Acquisition Services Please find- Z Attached F-1 Under Separate Cover ❑ Copy of Letter Z Contracts 0 Amendment 1:1 Report F1 Agenda ❑ Meeting Notes [:] Photos n Mylars E:1 Change Order ❑ Plans ❑ Specifications E] Estimates Ej Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Executed Agreement These are being transmitted as indicated below: n For Approval Z For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is the executed agreement for the wetland mitigation bank development 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-Original cc: —File-Original Signed: TraL. Taylrj [:\Engineering\2017 CONTRACTS\17-08 Mitigation Bank\Project_Infomation\Contract Info\Consultant Agreements\Moss LOT-Executed Agreement-Acq Serv_1-27-17.docx Y P AGREEMENT r� 20171 by and This AGREEMENT, made on the GA_L-� day of hereinafter ferred to as CITY, between the CITY OF OSHKOSH, party of the first part and MOSS &ASSOCIATES,LLC, 1556 Apache Avenue, Green Bay,WI 54313, party of the second part,hereinafter referred to as the CO WITNESSETH: The CITY and the CONSULTANT, for the consideration fD r namedi enter MENT into the following AGREEMENT for WETLAND MITIGATION BANK ACQUISITION SERVICES. ARTICLE I PROTECT MANAGER A. Assignment of Project Manager. The CONSULTANT hall assign the following I" 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 informationT to any pposed change.te and shall be given the opportunity to interview that person prior y prop ARTICLE Il. CITY REPRESENTATIVE individual to manage the PROJECT described in The CITY shall assign the following this AGREEMENT: John Ferris,P.E.—Civil Engineering Supervisor ARTICLE III. SCOPE OF WORK an The CONSULTANT shall provide the services as may be needed to oacq wetland from Steve Heimbruch of New London,Wisconsin for the purpose ofdeveloping within the general Scope of Services mitigation bank. CITY may make or approve changes L affect CONSULTANT's cost of or time required for in this AGREEMENT. If such changes le adjustment will be made through an amendment performance of the services, an equitab to this AGREEMENT. f 1:\Engineering\2017 CONTRACTS\17-08 Mitigation Hank\Project_Infonuation\Contract Page 1 of 6 Info\Consultant Agreements\Mors-Acq Serv_12-19-16.doex N,7 Y , r 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 or consultants skill and diligence normally employed sbat the etime asaid serlvices are performed. performing the same or similar serve 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 ofcost, financial analyses, economic overe ostor p pcejectionslabor and schedules for the PROJECT, CONSULTANT has no con 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. 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 necessary CITY ill examine all reports and other documents and will make any authors zations to proceed with work within a reasonable time period. ARTICLE VII. TIME OF COMPLETION The work to be performed under this AGREEMENT shall be commenced and the work completed by December 1,2017. The CONSULTANT shall perform the services under this AGREEMENT with reasonable diligence and expediency consistent with sound professional practices. The I:\Engineering\2017 CONTRACTS\17-08 Mitigation Bank\Project_Information\Contract Page 2 of 6 Info\Consultant Agreements\Moss•Acq Serv_12-19-16.doex or CITY agrees the CONSULTANT is not responsible 1r ontgodir Folr the indirectly from any delays for causes beyond t purposes of this AGREEMENT, such causes include, but are not limited to, strikes or other re of nce labor disputes, severe weather disruptions or othenatural o differing sit uconditions.rmahe by the CITY, or discovery of any hazardous substances delays resulting from any such causes increase the time required the CONSULTAN Oshalle entitled s in an orderly and effici perform its serviceent manner, to an equitable adjustment in schedule. ARTICLE VIII. COMPONENT PARTS OF THE AGREEMENT onent parts, all of which are as This AGREEMENT consists of the following compor if f of attached, as f hereto fully a part of this AGREEMENT as if herein set out verbatim, n attached: 1 This Instrument In the event any provision in any of the above component parts of this AGREEMENT conflicts with any provision in any other shall ecomponent any arts, her the provision in the Component part first enumerated above govern com onent part which follows it numerically except as may be otherwise specifically p stated. ARTICLE IX. PAYMENT The Agreement Sum. The CITY shall pay to the CONSULTANT c r the A. g � Y Y performance of the AGREEMENT the total sum as set forth below, adjusted anges hereafter mutually agreed upon in writing by the parties hereto: ® Time and Materials Not to Exceed $2,500 (Two Thousand Five Hundred Dollars). S. Method of Payment. The CONSULTANT shall submit itemiz30d monthly lendar statements for services. The CITY shall pay the t OentULTANT within amount is disputed, he CITY may days after receipt of such statement. If any 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 both g°rated and set forth in a written amendment to this AGREEMENT executed by bo p to proceeding with the work covered under the subject amendment. Page 3 of 6 1:\Engineering\2017 CONTRACC5\17-08 Mitigation nk\ _ projectInformation\Contract Info\Consultant Agreements\Mors-Acq Sen'_ 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 X. HOLD HARMLESS The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims, and demands which ms Yobof the CONSULTANT, his/her o the proportionate extent caused by or result from the intentional or negligent 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 XI. 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. Certificates of Insurance acceptable to the CITY shall be submitted to the Engineering Division of the Department of Public Works prior to the commencement of the work. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled or non-renewed until at least 30 days prior written notice has been given to the City Clerk of the City of Oshkosh. 1:\Engineering\2017 CONTRACTS\17-08 Mitigation Bank\Project_Infonnation\Contract Page 4 of 6 Info\Consultant Agreements\Moss-Acq Serv_12-19-16.doex ARTICLE XII. TERMINATION A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any of the obligations under this AGREEMENTto ,CONSU CITY shall In his evehave the nt the to terminate this AGREEMENT by written not CONSULTANT shall be entitled to compensation for any satisfactory, usable work completed. t B. For Convenience. The CITY may terminate his AGREEMENT at any time by calendar days before the giving written notice to the CONSULTANT no later thetn ( )then he CONSULTANT termination date. If the CITY terminates under paragraph, shall be entitled to compensation for any satisfactory work performed to the date of termination. specified attachments contain all terms and of the This document and any conditions ed by AGREEMENT and any alteration thereto amendmaen t his AGREEMENT. writing, � both parties and incorporated a an ARTICLE XIII. RE-USE OF PRO ECT DOCUMENTS All reports, drawings, specifications, documents, and other deliverables of CONSULTANT, whether in hard copy or in electronic form, arereel to indemnify of service for this PROJECT, whether the PROJECT is completed or not. CITY an CONSULTANT and CONSULTANT's officers, employees,inc ud'nga but /not lim ted anaffiliated corporations from all claims, damages, losses, a nd litigation expenses and attorney's fees arising out of or related to the unauthorized re-use, change,or alteration of these project documents. ARTICLE XIV. SUSPENSION DELAY OR INTERRUPTION OF WORK CITY may suspend, delay, or interrupt the services of CONT hall be for the convenience of CITY. In such event, CONSULTANT's contract price and schedule equitably adjusted. 1:\Engineering\2017 CONTIZAC I;\17-08 Mitigation Bank\Project_lnformation\Contract Page 5 of 6 Info\Consultant Agreements\Moss-Acq Serv_12-19-16.docx ARTICLE XV. 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 4,� /X_Irn By: d-fsscc, s Z L C (Seal of Consultant if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH i By: f (Witness) Mar A.Rohloff,Ci Manager f y And: (Witness) Pamela R.Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. 4ttorney 't Com troller C� Y p 1: \Engineering\2017 CONTRACTS\17-08 Mitigation bank\I'coject_Infonnation\Contract Page 6 of 6 Info\Consultant Agreements\Moss-Acq Serv_12-19.16.docx DATE(MM/DD/YYYY) A �® CERTIFICATE OF LIABILITY INSURANCE 1/3/2017 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,END OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTg)i ONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE H DER. IMPORTANT: If the certificate holder is an ADDITIC IN the poitcy(ies)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 holde i of such endorsement(s}. PRODUCER lA NAME: Vicki Kamps NE 9204901022 (AIC,No): Peter Baierl Insurance&Investments,Inc. Il `11 O No Ext 1'U13 1345 West Mason Street CONS DRESS: vkampsobaierlinsurance.com IS '. 1 INSURER(S)AFFORDING COVERAGE NAIC# 11000 Green Bay WI 54303 lrlsuRERa: SENTINEL INS CO LTD INSURED INSURER B Moss&Associates,LLC INSURER C 2835 Newcastle Ave INSURER D INSURER E: i; Green Bay WI 54313 INSURER F REVISION NUMBER: COVERAGES CERTIFICATE 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. LIMITS LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MWDD/YYYY) MMIDD/YYYY) EACH OCCURRENCE $ 2000000 X COMMERCIAL GENERAL LIABILITY 1000000 PREMISES Ea occurrence $ CLAIMS-MADE OCCUR10000 MED EXP(Any one parson) $ A 83SBAIL5288 04/03/2016 04/03/2017 PERSONAL&ADV INJURY $ 2000000 GENERAL AGGREGATE $ 4000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- LOC PRODUCTS-COMPIOP AGG $ 4000000 POLICY FJECT EPLI $ 10000 OTHER: Ea accident ULE LI $ AUTOMOBILE LIABILITY BODILY INJURY(Per person) $ ANY AUTO OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY NADI T Per accident D $ HIRED AUTOS ONLY AUTOS ONLY $ EACH OCCURRENCE $ UMBRELLA LAB OCCUR AGGREGATE $ EXCESS LIAB CLAIMS-MADE $ DED RETENTION$ STATUTE ER ORKERS COMPENSATION ND EMPLOYERS'LIABILITY YIN E.L.EACH ACCIDENT $ NY PROPRIETORIPARTNER/EXECUTIVE F__1 N 1 A FFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE$ Mandatory In NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $ En OF OPERATIONS below Y DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) Additional Insureds on Commercial General Liability arising out of project work shalt 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 rnnvicinn that c nveraaP affnr iP l nn 1Pr the nnliry will not he ranrPlPrl or non re.nPwPrl until at 1Past JO rlava'nrinr writtan 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. 7ttttllarnmS"Rabe— ..... AUTHORIZED REPRESENTATIV 215 Church Ave PO BOX 1 130 V e4r r 13at err Oshkosh WI 54903-1130 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD SPECTRUM POLICY DECLARATIONS (Continued) POLICY NUMBER: 83 SBA IL5288 ADDITIONAL INSUREDS: THE FOLLOWING ARE ADDITIONAL INSUREDS FOR BUSINESS LIABILITY COVERAGE IN THIS POLICY. LOCATION 001 BUILDING 001 TYPE PERSON ORGANIZATION NAME SEE FORM IH 12 00 Form SS 00 02 12 06 Page 006 (CONTINUED ON NEXT PAGE) Process Date: 01/22/16 Policy Expiration Date: 04/03/17 POLICY NUMBER: 83 SBA IL5288 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - PERSON-ORGANIZATION LOCATION 001 BUILDING 001 CITY OF OSHKOSH ATTN: CITY CLERK PO BOX 1130 OSHKOSH WI 54903 Form IH 12 0011 85 T SEQ.NO.001 Printed In U.S.A. Page 001 Process Date: 01/22/16 Expiration Date: 04/03/17