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Home My WebLink AboutContractors Agreement Marshland Transplant Aquatic Nursery LLC 13 9.9 r . 02 city RECEIVED of W . Oshkosh JUL 1 7 2020 CITY CLERK'S OFFICE CONTRACTOR AGREEMENT INSTALLATION OF NATIVE PLANTINGS-SOUTH PARKS CITY OF OSHKOSH THIS AGREEMENT, made on the 27th day of MAY, 2020, by and between the CITY OF OSHKO -I,party of the first part, hereinafter referred to as CITY,and MARS1ILAND TRANSPLANT AQUATI'2 NURSERY LLC,PO BOX I,BERLIN,WI 54923,hereinafter referred to as the CONTRACTOR, 1 WITNESSETH: 1 That the City and the Contractor,for the consideration hereinafter named,enter into the following agreement. The Contractor'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. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts,all of which are as fully a part of this contract as if hex _n set out verbatim,or if not attached,as if hereto attached: 1. This ltistrument 2. Pro pe al Solicitation 3. Contr:ctor's Proposal In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts,the provision in the component part first enumerated above still govern over any other component part which follows it numerically except as may be otherw' 3 specifically stated. , ARTICLE II. PROJECT MANAGER 3 Assignment of Project Manager. The Contractor shall assign the following individual to manage a project described in this contract t: 1 (THOMAS TRAXLER,JR,PROJECT MANAGER) I: S I' I Changes in Project Manager. "Ihe City shall have the right to approve or disapprove of any propos4 change from the individual named above as Project Manager.The City shall be provided with , a resurnn or other information for any proposed substitute and shall be given the opportunity to i intervie, that person prior to any proposed change. City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http:/Iv ww.ci.oshkosh.wt.us IV E ARTICLE III. CITY REPRESENTATIVE 1, The City shall assign the following individual to manage the project described in this contract (BILL STURM,FORESTRY DIVISION) ARTICL IV. SCOPE OF WORK The Con actor shall provide the services described in the City's INVITATION FOR BID for the Project titled"I STALATION OF NATIVE PLANTINGS SOUTH PARK"dated April 22,2020,and the contr ctor's bid form and materials attached as Exhibit A.If anything in the Bid Form conflicts with the Bid S £.ications,the provisions in the Bid Specifications shall govern. T'4e Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. 1 ARTICL x. V. CITY RESPONSIBLITIES 1 le City shall furnish, at the Contractor's request, such information as is needed by the Contractor to ai.d in the progress of the project,providing it is reasonably obtainable from City records. prevent any unreasonable delay in the Contractor's work the City will examine all reports and other do meats and will make arty authorizations necessary to proceed with work within a reasonable time pe d. ARTICI. VI. TIME OF COMPLETION - T e work to be performed under this contract shall be completed by no later than NOVEMBER j 30,2020. Any changes to this completion date must be agreed upon by both parties in writing. { ARTICL VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$24,911.15,adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. Fee sch ales shall be firm for the duration of this Agreement. Method of Payment. The Contractor shall submit itemized monthly statements for services. t. The Ci shall pay the Contractor within 30 calendar days after receipt of such statement. If any stateme,t amount is disputed, the City may withhold payment of such amount and shall provide to Contracts a statement as to the reason(s)for withholding payment. E . Additional Costs. Costs for additional services shall be negotiated and set forth in a written amendner►t to this agreement executed by both parties prior to proceeding with the work covered under the subject amendment. P i 3 . 7l 3a } S. . ARTICLIy;VIII. CONTRACTOR TO HOW CITY HARMLESS Thie Contractor 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 restElt from the intentional or negligent acts of the Contractor,his agents or assigns,his employees or his subcontractors related however remotely to the performance of this Contract or be caused or result from any lriolation 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 ad- judged to pay on any such claims or demands within thirty (30) days of the date of the City's written demand far indemnification or refund. ARTICL ::IX. INSURANCE The Con ,actor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. e contractor's certificate of insurance for this project is attached as Exhibit B. ARTICL X. TERMINATION A. For Cause. If the C tractor shall fail to fulfill in timely and proper manner any of the obligations under this Agreem t,the City shall have the right to terminate this Agreement by written notice to the Contractor. In this ent, the Contractor shall be entitled to compensation for any satisfactory, usable work comple d. B. ;; For Convenience. The City Isnay terminate this contract at any time by giving written notice to the Contractor no later than 10 calenn ar days before the termination date. If the City terminates under this paragraph, then the Contractor shall be entitled to compensation for any satisfactory work performed to the date of term1nat►3n. 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 incorpor ted as an amendment to this Agreement. ARTICL XI. NON-DISCRIMINATION 1 a The Op for agrees not to discriminate in its operations under this Agreement on the basis of race,color, creed, a , and gender, or as otherwise prohibited by law. A breach of this covenant may be regarded as a material breach of this Agreement. i CONTRACTOR agrees in all hiring or employment made possible by or resulting from this agreement, there wi]not be any discrimination against any employee or applicant for employment because of race, color,religion,sex,sexual orientation,gender identity,or national origin. I • I I� yg1,rA . CITY OF OSHKOSH BID PROPOSAL FORM INSTALLATION OF NATIVE PLANTINGS-SOUTH PARK i r I Page 1 of 2 ,om: 1 It�'Ti f _ Vti i? sfr _(bidder's company name) ID PROPOSAL DEADLINE: FRIDAY,MAY 8,2020 C0)10:00 A.M. Date: Si 3 /20av .ddenda: Receipt of Addenda numbered L of 1 _ are hereby understood, clmowledged and included in bidder's bid proposal form. If no addenda were issued a ,sr this project please write"N/A" above. e, the undersigned, propose to furnish all labor and materials per the project peciEieations or noted deviations for the following amount(s): OTAL BID: $ P`I ICi(i t$ tt-the-VSYmeintne.,i\I-Wrthid F{em ilekr JS/io() a (Total Bid Price—in Words) 'Warranty Details: } rL9.L /CkAryttJ i ive- 0.4-tyrp -— . : . .IGNATURES • 3 g ate: Si 617nz c� Name of Company: l! • sln , r-t'-ivy .ubmitted by: (name/title) 1 1Cita'Yvit YY' P l r' Email: rr l l • 1 • ddress of Company: a a,I +r1...t.kiT SkIl 23 Phone: Ci2D r I-1:1 ompany Representative that will be named Project Manager for this project,if awarded F.F ebid: yvr t`i lP„^1XY" i 614110,✓ !: at I have examined and carefully prepared this Proposal from the Plans and pecifications and have checked the same in detail before submitting this Proposal;that I ave full authority to make such statements and submit this Proposal in(its)(their)behalf, and that said statements are true and correct, Signature_i6"7,7'77.4,1 .1 #;f Title y ' ' ` l / 1 27 i , 3 4 In the Presence of: CONTRACT• r , e NSUI. akleter- (Seal of Contractor (Specify Title) if a Coi ?oration.) By: { (Specify Title) CITY OF OSHKOSH By: s Vu. Mark A.Rohloff,City Manager II, (Witness) �lllfl�, aogbigA, And: (Witness) Pamela R.Ubrig,City Clerk 3 APPRO' hD: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract, t tti ney t/ 4744/ I I City Comptroller � E 3 I