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HomeMy WebLinkAboutMoss & Associates LLC., & 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: February 15, 2017 1556 Apache Avenue Subject: Executed Agreement for Westowne Green Bav, WI 54313 Detention Basin Acquisition Services 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 Z For Your Use ❑ As Requested ❑ For Review&Comment Remarks: Enclosed is the executed agreement for the Westowne Detention Basin acquisition services. A City of Oshkosh Purchase Order will follow shortly. If you have any questions, please contact us. City Clerk's Office—Original John Ferris—w/o Encl. cc: File—Original Signed: Tracd Taylor 6 I:\Engineering\2017 CONTRACTS\17-13 Westowne Basin\Project—Information\Contract Info\Consultant Agreements\Moss\17-13 Moss LOT-Executed Agreement 2-15-17.docx AGREEMENT This AGREEMENT, made on the day of 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinafter (erred 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 WESTOWNE DETENTION BASIN ACQUISITION SERVICES. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The 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 11. CITY REPRESENTATIVE The CITY shall assign the following individual to manage the PROJECT described in this AGREEMENT: John Ferris, P.E.—Civil Engineering Supervisor 1:\Engineerjng\2017 CONTRACrS\17-13 Westowne Basin\ProjecLlnfonnation\Contract Page 1 of 6 Info\Consultant Agreernents\Moss-Acq Serv-12-19-16.docx ARTICLE III. SCOPE OF WORK The CONSULTANT shall provide the services as may be required to acquire a portion of the parcel at 2240 Westowne Avenue in Oshkosh, Wisconsin, and to negotiate easement agreements for the purpose of the constructing and maintaining an expanded City storm water basin onto the acquired property. The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONSULTANT's cost 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 W. 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. 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. I:\Engineering\2017 CONTRACTS\17-13 WestowneBasin\Project_Information\Contract Page 2 of 6 Info\Consultant Agreements\Moss-Acq Sery_12-19-16.docx i To prevent an unreasonable dela in the CONSULTANT's work the CITY will p Y Y examine all reports and other documents and will make any authorizations necessary 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 June 1,2017. 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 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 VIII. 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 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 IX. 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: 1:\Engineering\2017CONTRAC-M\17-13 Westowne Basin\Project_Infonnatton\Contract Page 3 of 6 Info\Consultant Agreements\Moss-Acq Serv_12-19-16.docx • Time and Materials Not to Exceed $2,500 (Two Thousand Five 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 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. 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 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. I:\Engineering\2017 CONTRACTS\17-13 Westowne Basin\Project_Infonnation\Contract Page 4 of 6 Info\Consultant Agreements\Moss-Acq Serv_12-19-16.docx 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 abide by the attached City of Oshkosh Insurance Requirements. ARTICLE XII. 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 XIII. RE-USE OF PROTECT 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. I:\Engineering\2017 CONTRACTS\17-13 Westowne Basin\Project_Information\Contract Page 5 of 6 Info\Consultant Agreements\Moss-Acq Serv_12-19-16.docx MOSS & ASSOCIATES LLC Rr""'C'E'NED JAN 3 0 2017 D \V 011Y'M'10'11"H' City of Oshkosh Attn: Tracy Taylor Enc: Westowne Contract Tracy, Enclosed please find 3 signed contracts for the Westowne Stormwater Detention Basin project. Thanks. Randy 1556 Apache Ave. PHONE (920)660-7481 Green Bay, W1 54313 EMAIL mossassociatesllc@gmaiLcom ARTICLE XIV. 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. 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 By: M05-S c I I J 0­A60V (Seal of Consultant A&_yl/-- if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH By: (Witness) James Rabe,Director of Public Works k\Engineering\2017 CONTRAM\17-13 Westowne Basin\Project,_Infomation\Contract Page 6 of 6 Info\Consultant Agreernents\Moss-Acq Serv-12-19-16.docx Westowne Detention Basin Project Acquisition Cost—Moss&Associates LLC Fee to acquire Westowne Detention Basin parcel: not to exceed$2,500. Appraisal Review Negotiation Document preparation Pay request -- —__ Send documents for recording - RECEIVED JAN -6 2017 )DEPT OF PUBLIC WORKS OSHKOSH, WISCONSIN i I i