HomeMy WebLinkAboutRoe Nurseries, Inc AGREEMENT
THIS AGREEMENT, made on the 1s day of April, 2010, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Roe
Nurseries Inc, 72 Waukau Ave, Oshkosh, WI 54901(Contractor /Consultant & address)
and the Oshkosh Area Community Foundation, Inc.
WITNESSETH:
That the City, the Oshkosh Area Community Foundation and the
Contractor /Consultant, for the consideration hereinafter named, agree as follows:
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor /Consultant shall assign the
following individual to manage the project described in this contract:
Gary Heinzl — Roe Nurseries, Inc
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
contract:
Bill Sturm- Forestry for the City of Oshkosh
ARTICLE III. SCOPE OF WORK
The Contractor /Consultant shall provide the services described in the City's
Request for Proposals and Proposal of the Contractor /Consultant. If anything in the
Proposal conflicts with the Request for Proposals, the provisions in the Request for
Proposals shall govern. ( See attached)
ARTICLE IV. CITY RESPONSIBLITIES
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The City shall furnish, at the Contractor /Consultant' s request, such information
as is needed by the Contractor /Consultant to aid in the progress of the project,
providing it is reasonably obtainable from City records.
To prevent any unreasonable delay in the Contractor's /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 V. TIME OF COMPLETION
The work to be performed under this contract shall be commenced and the work
completed within the time limits specified in the General Conditions / Contractor's
proposal.
April and May, 2010
ARTICLE III. PAYMENT
A. The Contract Sum.
The Oshkosh Area Community Foundation shall pay to the Contractor for the
performance of the contract the sum of $66,300.00, adjusted by any changes as
provided in the General Conditions, or any changes hereafter mutually agreed upon in
writing by the parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The Contractor /Consultant shall submit itemized
monthly statements for services. The Foundation shall pay the Contractor /Consultant
within 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
Contractor /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 all parties prior to
proceeding with the work covered under the subject amendment.
ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City of Oshkosh
and the Oshkosh Area Community Foundation harmless against all actions, claims and
demands of any kind or character whatsoever which may in any way be caused by or
result 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 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
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on any such claims or demands within thirty (30) days of the date of the City's written
demand for indemnification or refund.
ARTICLE V. INSURANCE
The Contractor /Consultant agrees to abide by the attached City of Oshkosh Insurance
Requirements.
ARTICLE VI. TERMINATION
A. For Cause.
If the Contractor /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 Contractor /Consultant. In this event, the
Contractor /Consultant shall be entitled to compensation for any satisfactory, usable
work completed.
B. For Convenience.
The City may terminate this contract at any time by giving written notice to the
Contractor /Consultant no later than 10 calendar days before the termination date. If
the City terminates under this paragraph, then the Contractor /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.
CONTRACTOR /CONSULTANT
By: � C
Gary H zl - Roe ries,
Eileen Connolly -KeIer
Oshkosh Area Community Foundation
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CITY OF OSHKOSH
By: /
A Al , 1, � . : A 6C Mark A. ohloff, City Manager
( itne
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fr
Pamela R. Ubrig, Cit Clerk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
pay the liability which will accrue
L�i `4 ,i_i under this contract.
ity A orney
/ ') /f "' - g
City o t roller
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SPECIFICATIONS FOR THE OSHKOSH AREA COMMNITY FOUNDATION
TREE PLANITNG PROJECT
The Oshkosh Area Community Foundation is accepting proposals for a tree - planting
project begin in the spring of 2010.
L HISTORY
The Oshkosh Area Community Foundation 2009 Vision Survey indicated a desire
for more trees, and the benefits they provide for the Oshkosh area. A tree planting
plan has been developed identifying locations, desired species, and planting
specifications. This project is mainly funded by private funds through the
Oshkosh Area Community Foundation. This is an on -going project with the vision
of continuing for several years.
II. DESCRIPTION OF PROJECT
This project consists of the planting of 1000 street, park, and some private
property street side trees, in designated locations within the Oshkosh Community.
The sites and species will be pre - determined based upon the Planting
Management Plan and planting stock availability. Due to the size of this project
several contractors may be used simultaneously throughout different areas within
the Oshkosh community. Bids for the total project or portions of the project will
be accepted.
- Total Project 2010 : Installation of 1000 total trees:
a. 729 small street trees,
b. 206 large street trees,
c. 65 large park trees.
III. SCOPE OF PROJECT
The selected contractor(s) will provide the following:
- planting stock, labor and materials necessary to complete the plantings
a. Street trees 1.0 -1.5 inches diameter.
b. Park trees 2.0 -2.5 inches diameter.
c. Staking materials as needed
d. Mulching materials as needed
e. Species used will be from the included approved species list. Alternate
species will be allowed with prior approval
f. Type of planting stock used (B +B, bare root, container) will be the
decision of the contractor. A variety of stock type is acceptable.
g. Standards of the American Nursery and Landscape Association must be
followed unless other specifications specific for this project supersede
them.
h. No Park grade or Ash tree species are allowed
i. Planting operations must follow the attached planting specifications.
j. Nursery stock must adhere to the attached nursery stock specifications.
k. Trees will receive a two year survival guarantee. (Please include your
guarantee specifications with your bid). This is mainly a privately
funded project and tree survivability is a necessity for subsequent years
of this project.
1. Alterations to the Planting Plan for field adjustments, alternate species,
location adjustments etc must be pre- approved.
IV. TIMING
Project will begin in the spring of 2010 with intent of completion by the end
of spring 2010. Bids will be accepted until March 19 2010.
V. QUALITY OF WORK
The selected contractor(s) and staff shall exhibit professionalism and serve as
stewards for this project. This project is funded mainly by private dollars and to
ensure continuation of the vision of planting additional trees success is critical in
all aspects of this project.
VI. INSURANCE REQUIREMENTS
The successful bidder will be required to supply the Oshkosh Area Community
Foundation with a copy of a current insurance binder.
VII. BID PROCESS
In the event multiple contractors are used or if a firm only wants to be considered
for a portion of the project please separate bids into the following categories.
Bids shall be a not to exceed value.
- Supply and Installation of 1000 total trees and all necessary materials per the
attached project specifications.
729 small street trees,
206 large street trees,
65 large park trees.
Not to exceed: Cost per tree: $200.00 and Total Cost: $ 200,000.00
- Supply and Installation of 750 total trees and all necessary materials per the
attached project specifications.
546 small street trees,
154 large street trees,
50 large park trees.
Not to exceed: Cost per tree: $ 200.00 and Total Cost: $150,000.00
Or
- Supply and Installation of 500 total trees and all necessary materials per the
attached project specifications.
364 small street trees,
103 large street trees,
33 large park trees.
Not to exceed: Cost per tree: $200.00 and Total Cost: $ 100,000.00
Or
- Supply and Installation of 250 total trees and all necessary materials per the
attached project specifications.
182 small street trees,
51 large street trees,
17 large park trees.
Not to exceed: Cost per tree: $200.00 and Total Cost: $50,000.00
Description of bidders 2 year guarantee for each tree.
VIII. AGREEMENT
An agreement between the Oshkosh Area Community Foundation and the
successful contractor(s) will be prepared prior to beginning work.
IX. REFERENCES
Bidders will supply a list of three references of other large planting projects.
X. INTERVIEWS
Interviews may or may not be conducted; therefore prospective contractors should
be prepared in the event they are called for an interview.
XI BID REJECTIONS
The Oshkosh Area Community Foundation reserves the right to reject any and all
bids, naive any informalities in the bidding, or to accept bids which best serve the
interest of the Oshkosh Area Community Foundation.
XII SUBMIT PROPOSALS
Proposals shall be submitted no later than 4 p.m. on March 19,2010.
To:
Oshkosh Area Community Foundation
230 Ohio St, Suit 100
Oshkosh, WI 54902
FAX: 920.426.6997
Questions can be addressed to:
Mr. Bill Sturm
City of Oshkosh City Forester
920.232.5314
Fax 920.232.5316
bsturm @ci.oshkosh.wi.us
Eileen Connolly - Keesler
Oshkosh Area Community Foundation
920.426.3993
Eileen @o shko shareacf. org
Tree Planting Specifications
These specifications shall be followed for planting of all trees.
The following specifications use the professional guidelines and standards of the
International Society of Arboriculture (ISA), the Wisconsin Arborist Association, and the
Urban Forestry Division of the Wisconsin Department of Natural Resources.
❑ Ash trees shall not be planted.
❑ Park grade trees shall not be used.
Planting Hole
❑ Trees shall be planted so that they will not interfere with solar access to south walls,
roof tops, underground or overhead utilities, fire hydrants or public street lights.
❑ Diggers Hotline shall be contacted prior to any tree planting procedures. Contact City
of Oshkosh City Forester for assistance.
❑ Planting holes shall be at least 2 - 3 times the diameter of the root ball.
❑ The root ball shall be set to rest on undisturbed soil in the bottom of the planting hole
so as to leave the trees root flare at ground level or slightly higher (no more than 1"
higher).
❑ Excavated planting holes shall not be left unattended or not adequately barricaded
where it could pose as a safety hazard.
❑ When soil conditions below ground prove unsatisfactory to the promotion of plant
growth, or if underground conflicts exist, an alternate planting location may be selected
by the Oshkosh Area Community Foundation.
Planting Operation
❑ All plants will be moved, lifted or carried by supporting the plant's root ball. Plants
will not be carried by the trunk or branches, nor will they be dragged. Plants will not be
thrown or bounced.
❑ All plants will be inspected daily for water needs while in storage.
❑ All plants will be protected while in transport from sun and drying winds.
❑ All plants will be planted in the center of the planting hole.
❑ Ropes, strings, baskets, and burlap shall be removed completely from the root ball,
unless in so doing will destroy the integrity of the root ball. In this event, as much as
possible or the foreign material will be removed with a minimum of the upper half of the
ball clear of foreign material.
0 Root systems of bare root stock must be kept moist up until time they are covered with
soil in planting hole.
❑ Planting holes will be backfilled with excavated soil. Soil amendments in particular
situations are allowed with approval.
❑ Planting areas shall be finish graded to conform to the Planting Diagram leaving the
trees root flare at ground level or slightly higher (no more than 1" higher.)
0 Secondary roots (adventitious roots) located above the root flare shall be pruned off.
❑ Planted trees shall be mulched with wood chip /shredded bark mulch to a depth of 2 -
4". Mulch will be pulled back from against the trunk so as not to exceed 1" in depth.
❑ Trees shall be watered upon completion of mulching.
❑ All planting labels and other foreign objects shall be removed from the trunk, branches,
and foliage and removed from the planting site.
O Only those trees unable to remain upright after planting shall be staked at planting.
Stakes shall be a sufficient length to hold the tree upright. Stakes will be driven through
the bottom of the planting holes, outside of the root ball. The supporting material shall be
a minimum of 2" wide made of a substance that will not injure the bark of the tree (i.e.,
elastic or webbed strapping).
0 Trees shall not be trunk wrapped when planted in the spring.
O Only broken and damaged limbs shall be pruned at time of planting.
Clean Up
❑ The tree planter is responsible that no debris shall be left at the planting site nor shall
any conditions exist after planting as to result in a safety hazard