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Home My WebLink AboutStuart's Landscaping & Garden Center (Fair Acres Detention Basin) 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: Mr. Stephen L. Klein Date: September 20, 2011 Stuart's Landscaping & Garden Center Subject: Signed Landscaping Services N7820 Lakeshore Drive Agreement Fond du Lac, WI 54937 Fair Acres Detention Basin Contract 05-01 Please find: ® Attached ❑ Under Separate Cover ❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda ❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans ❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other Quantity Description 1 Signed Agreement These are being transmitted as indicated below: ❑ For Approval ❑ For Your Use ❑ As Requested ❑ For Review & Comment Remarks: Enclosed is the signed agreement for landscaping services at the Fair Acres Detention Basin (Murdock Street Pond). A Purchase Order will follow shortly. Please reference the Purchase Order Number on all of your invoices. If you have any questions, please contact us. City Clerk's Office— Original -- City Attorney's Office — Copy cc: File — Original Signed: r Tracy . for I:1Enginccring\05-01 Anchorage,Baldwin,Libbey Drainage Basin105-01 LOT-Stuart's Signed Agreement-Landscaping Serv9-20-I I.doc AGREEMENT oTHIS AGREEMENT,made on the I day of ,2011,by and between the CITY OF OSHKOSH, party,- of the first part, hereinafter referred to as CITY, and Stuarts Landscaping & Garden Center, N7820 Lakeshore Drive, Fond du Lac, WI 54937, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR,for the consideration hereinafter named,agree as follows: ARTICLE L PROJECT MANAGER A. Assignment of Project Manager. The CONTRACTOR shall assign the following individual to manage the project described in this contract: Steve Klein 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 PROJECT MANAGER The CITY shall assign the following individual to manage the project described in this contract: James Rabe,P.E., CPESC, Civil Engineer ARTICI E In. SCOPE OF WORK The CONTRACTOR shall provide the landscaping services described in the Proposal (titled "Murdock St.Pond"and dated 9/1/2011)of the CONTRACTOR. This Proposal is incorporated by reference into this Agreement. The CONTRACTOR agrees to warranty the plant material for a period of one year from the date of installation. The CONTRACTOR may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. EEngineering\Storrn Water Information\Anchorage Watershed\Fair Acres Page 1 of 3 Detention Lanciscaping\Surface Landscaping Agreement Form Sept 2011.doc ARTICLE IV. CITY RESPONSIBLITIES The CITY shall furnish, at the CONTRACTOR's request, such information as is needed by the CONTRACTOR 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 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 45 of Contract execution. ARTICLE VL PAYMENT A. The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the contract on a time and material basis not to exceed the total of$10,971.17, adjusted by 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 shall submit itemized invoices no more frequently than monthly for services rendered. The CITY shall pay the CONTRACTOR 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 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. ARTICT.F VII. CONTRACTOR TO HOLD CITY HARMLESS The 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 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 on any such claims or demands within thirty(30) days of the date of the City's written demand for indemnification or refund. I:1Engineering\Storm Water Information\Anchorage Watershed\Fair Acres Page 2 of 3 Detention Landscaping\Surface Landscaping Agreement Form Sept 2011.doc ARTICLE VIII. INSURANCE The CONTRACTOR agrees to abide by Article III of the attached City of Oshkosh Insurance Requirements. ARTICLE IX. TERMINATION A. For Cause. If the CONTRACTOR shat l 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 In this event, the CONTRACTOR 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 no later than 10 calendar days before the termination date. lithe CITY terminates under this paragraph, then the CONTRACTOR 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 CITY OF OSHKOSH By: By: 110 �— 40A— Steven NI.Gohde, Assistant Director of < c'/e': L.: G, ;r ' Cr Public Works (Printed Name& Title) [.\Engineering\Storm Water InformationAAnchorage Watershed\Fair Acres Page 3 of 3 Detention Landscaping'Surface Lan6C211,001.2Z Agreement Form Sept 201 1.doc . , . . 1.4411411113SCR PING '‘'.°:,-, C-3?)rcic-,r, N7820 Lakeshore Drive, Fond du Lae, WI 54937 Quoted to: City of Oshkosh Murdock St. Pond Quotation Date: 9/1/2011 Quantity Center Island Planting Size Price Total 6.00 Karl Forester Grass lgal 510.99 565.94 14.00 Happy Returns Daylilv lgal 58.99 5125.86 2.00 Purple Prince Crab Tree 2,, S199.99 S399.98 1.00 Autumn Blaze Maple --, , --D S259.99 5259.99 3.00 Crimson Pygmy Barberry 3gal S23.09 3.00 Sea Green Junipers 3gal 525.99 577.97 24.00 Ton American Heritage stone(legular$60/ton) 1"-1.5" 545.00 51,080.00 280.00 Cobra Edging(installed) ft 53.00 5840.00 .,, 1.1-.0 Weed Barrier 5350.00 S350.00 10.00 Pulverized Topsoil(bed prep) Yard 515.00 S250.00 ' 1.00 Labor to install center island planting s2,040.00 52,040,00. S0.00 2-Corner Plantings S0.00 2.00 Japanese Ivory Silk Lilac Tree 5199.99 5399.98 8.04) Goldt1ame Spirea 3gal 523.99 S191.92 12.00 Karl Forester Grass lgal S10.99 5131.88 12.00 Concorde Barberry 3gal S29.99 5359.88 _ 20.00 Happy Returns Davlilv lgal 58.99 5179.80 20.00 Ton American lieritage stone/Regular$60/ton) 1"-1.5" S45.00 5900.00 240.01) Cobra Edging(installed) It 53.00 c720.00 ..: 1.00 Weed Barrier 5280.00 5280.00 8.00 Pulverized .1-opsoil(bed prep) Yard 515.00 5200.00 1.00 Labor to install 2-Corner island plantings 52,040.00 52.040.00 c0.00 c0.00 50.00 50.00 S0.00 50.00 50.00 i ts.„is_ i/ Subtotal yn:7" 510,971.17 Quote Submitted by: Steve Klcin,....5r---.‘ - ....1( , f Sales Tax 7 80.00 If quote is accepted, please sign, date a d return white copy Total S10.971.17