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HomeMy WebLinkAboutCloverleaf Landscaping/Water Filtration 2012 CONTRACTOR AGREEMENT THIS AGREEMENT, made on the 22nd day of August, 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Cloverleaf Landscaping and Retail Center, Inc, 20 E County Road Y, Oshkosh WI 54901 hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consideration hereinafter named, enter into the following Agreement. The CITY'S Bid Specifications and Insurance requirements are attached hereto and incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of this agreement shall prevail. ARTICLE I. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Christopher Ziegler, Landscape Architect, RLA 231) 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: (Brad Rokus, Water Filtration Plant Superintendent) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Bid Specifications dated July 26, 2012, attached hereto as Exhibit A, and the Contractor's "Project Bid Proposal Form"dated August 9, 2012, attached hereto as Exhibit B. Both Exhibit A and B are incorporated into this Agreement. If anything in the Contractor's proposal conflicts with the CITY'S Bid Specifications or with this agreement,the CITY'S Bid Specifications and the provisions in this agreement shall govern. 1 The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. 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 by none requested. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $8,849.00, 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 monthly statements for services. 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 to 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. ARTICLE 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 2 City's written demand for indemnification or refund. ARTICLE VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified in the CITY'S Bid Specifications dated July 26, 2012, attached hereto as Exhibit A and fully incorporated into this Agreement. The Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX. TERMINATION A. For Cause. If the Contractor 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. 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. If the 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. In the Presence of: CONT A OR-•NSULTANT By: ridemma nRt37tP1-10 E41.,e2 IS_ j/ (Seal of Contractor S•ecr �' if a Corporation.) fig, , (Specify Title) 3 CITY OF OSHKOSH LX' -z / By: r ; .41(7;Rohloff, City Man.!er ( itn;ss) 9 ,i ,g 4c, - it And: t� ,, 1 f _l .l ,1,, (Witness) Pamela R. Ubrig, City le k APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this contract. +L i l I . kale i►.t.....Ar+ /2,0).It',A ttorney -- - City Cor ;troller 4 ORIGINAL QUOTATION PROPOSAL FORM PROJECT'.: Landscaping g Services,City of Oshkosh;WaterFiltration..Fiant;:Oshkosh Wisconsin From: ., a E•i .4N — w f�. � � (F�idder's company tee) iv7 2, l"J QUOTATION DEADLINE: 10:00. "HURSDAy AUGUST 9;2012,(late submittals will not M1, be accepted): Quotations may be faxed 920-236-5090 ore iced- grady @ci:oshkosh.w'.us Mandatory Quotation.Submittal Requirements.Checklist: NO Quotation.Proposal Form [?C] Certificate of Insurance [))CJ References oof Similar Projects We, the undersigned, propose to furnish all labor and materials per the_project specifications or noted deviations forth the following amount: TOTAL RID: $ 43 5119{ DO Date: 4u4..9. 20/2 Installation Time Frarnes,4ic , l-3 ok3 .-.. after receipt.oforder. Name of Conn PanY: ‘,1;;V4 1.64-=:_:L.pN►AS4agpi.� ,.4 Ka. TAi .i.y l.,,c. Submitted by (nauueltitle) t . 1 @.Ft, ! .. 6 ! L • 2• " 14171 Tj 23 End address: Gh t'i,5$2 C1ovel'i 1 CaSGa P.t 9 ,Gom r,,. Address of Co Phone: (920)l 2 ,5- 12 Q.r 1 . That I Have examined and cacefuily prepared this Proposal fromtbe Plans.and Specifications and have checked the same in detail before submitting this Proposal; that I have full authority to make such statemen .i •►: bts it this Proposal`it(its)(their)behslf and that said statemeiiis are true and correct. Si '' Signature 40��� . .... . . Title Anp_60 ..........X_Retil. 47, 244 23 j CH2i •7bpfi =Y" ZIE4L.0 lA L00/Z00 VII 9NIIdV0SU MV1 .3Vd'12 HA 0'T0 ZTZTeCZOZ6 XV.3 90:OT ZTOZ/80/80 „ . i1 L7iiii .. .___ Washington Street Planting Unit Quantity I Name Price Total. 2 Hawthorne "'Thornless Cocks. In 2"BB i 9 ' 39-- ,,• .. , 3 Ginko "Autumn Gold” 2"130 _., jE387 549.i 5 Lilac "Miss ICim" 5 .al. , it I i 6 S•irea "Neon Flash" 2 ,al. 111XIMIIMill , 14 Viburnum "Bailey compact 54aal. : 16-"- 240 - .,6 Weioelis "Alexandra"Wine and Roses 3 gal. /q- pq - li Da lit Ha. .,.A. Returns I al •. .. . _ .. ......, 14 Grass "OVerdam" 1 gil. 25 Yards To.-•'I Est. * — 4,-2 r9.s.1 21411. Decorative Stone "American Heritage" 7,2- ility- 1 T j.ar "Weed Bather" 730 Cobra ' ,• . "Commerical Grade" !MI" 11111111111611 Boulders " .e" 035-0.50 Ton each Mil Vo 11111111M Root Stimulator 1111.111111r1 Preen * 11C111113111111 IMILawn R.:pair Due To Landscaping- "Seed, , Fertilizer" - Deliveries 11111111111.1,Labor& E.ui.ment to install CM 00 MOM IVInlchinL 0 treet rees 14 1MM IIINIIIIM Yards Mulch "Shredded" FEEilimia, .. . t . ... , I Labor& Equipment to install NMI Grand Total $ e8y9 INGWr..; ini LiNg- ITEM r012. °LABoR f EDLAPoienri 7i'D )1.1.47-ALL " , , 1 , i a , LOO/£00n DNIdVDSUNVI ,3VTIIIHAOID ZTZTg£Z0Z6 XVA gO:OT ZTOZ/90/90 7 tt O rrl Y r • CLOVE-3 OP ID:CD AC-4R° CERTIFICATE OF LIABILITY INSURANCE DATE 08/23DIYYYY) 08!23112 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, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must 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 holder in lieu of such endorsement(s). PRODUCER 920-330-9000 NAMEACT Alliance Insurance Centers LLC 920-330-9001 PHONE FAX 3138 Market Street (A1C,No.Ext): (NC,No): Green Bay,WI 54304 E-MAIL Scott Swain ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Wilson Mutual Insurance Co. 19950 INSURED Cloverleaf Landscaping& INSURER B: Retail Center,Inc. 20 East County Road Y INSURER C: Oshkosh,WI 54901 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W LIMITS LTR INSR VD POLICY NUMBER (MM/DD/YYYY) IMM!DD/YYYYJ GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 3200080870 04/09/12 04/09/13 DAMGSTO E Ra EoNcTcuErtD ence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X jE o- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ A ANY AUTO X 3200080870 04/09/12 04/09/13 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS X AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE X 3200080870 04/09/12 04/09/13 AGGREGATE $ 2,000,000 DED X RETENTION$ 10000 $ WORKERS COMPENSATION X C STATU- 0TH- AND EMPLOYERS'LIABILITY TORY LIMITS ER Y/N A ANY PROPRIETOR/PARTNER/EXECUTIVE 3200080870 04/09/12 04/09/13 E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N l A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE: Water Filtration Project, City of Oshkosh see attachment CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN tY ACCORDANCE WITH THE POLICY PROVISIONS. City Clerk 215 Church St AUTHORIZED REPRESENTATIVE PO Box 1130 Scott Swain Oshkosh,WI 54903 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ORIGINAL NOTEPAD. HOLDER CODE CLOVE-3 PAGE 2 INSURED'S NAME Cloverleaf Landscaping& OP ID: CD DATE 08/23/12 City of Oshkosh and its officers,council members agents,employees and authorized volunteers are hereby listed as an additional insured primary and non-contributory(CG2037 Equivalent)under the general liability policy as respects to work performed by the named insured,subject to the policy language,forms,conditions and exclusions. Should any of the aforementioned described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the named certificate holder,but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives Best's Credit Rating Center - Company Information for Wilson Mutual Insurance Company Page 1 of 2 iG Ratings & Criteria Center Regional Centers:Asia-Pacific I Canada I Europe,Middle East and Africa Home I About Us I Contact Us I Sitemap JO For ratings and product access Login I Sign-up Ratings&Criteria . Wilson Mutual Insurance Company lk Print this page Home Methodology A.M.Best 9:001964 NAIC tit 19950 FEIN 9:390739760 »Best's Credit Ratings+ Address:P.O.Box 1340 Finance'Strength Rating Assigned to F mnciM EnpW!Now Sheboygan,WI 53082-1340 Issuer Credit Rating United States companies LnCSi Debt Rating that have,in A »Advanced Search Web:www.wilsonmutual.corn our opinion, »About Bests Credit Ratings+ Phone:920-458-3359 an excellent ability to meet their Get a Credit Rating+ Fax:920-458-3362 ongoing insurance obligations. »Bests Special Reports Add Bests Credit Ratings Search Based on A.M.Best's analysis,018236-Motorists Insurance Pool is the AMB Ultimate To Your Site Parent and identifies the topmost entity of the corporate structure.View a list of operating BestMark for Secure-Rated insurance entities in this structure. Insurers Bests Credit Ratings »Contact an Analyst ----.. View all of the related companies assigned this rating as a single f — - ----,, 9 9 g Awards and Recognitions Bests Credit Rating Analyst entity News&Analysis Financial Strength Ratio View Definition -- - Office.A.M.Best Company g 9 Products&Services Rating: A(Excellent) Senior Financial Analyst:Kenneth E.Tappen Industry Information Assistant Vice President:Joseph A.Burtone ry Financial Size Category: X($500 Milton to$750Million) Corporate _ Outlook: Negatite Regulatory Affairs Action: Affirmed Support&Resources K Effective Date: May 07,2012 u Denotes Under Review eest's Rating Conferences and Events • .-- (Issuer Credit Rating View Definition Long-Term: a Find a Best's Credit Rating Outlook: Negative Enter a Company Name i'Caa Action• Affirmed »Adyancefearch Date: May 07,2012 Reports and News -r A4�c Visit Best's News and Analysis site for the latest news and press releases for this company and its A.M.Best Group -�. AMB Credit Report-Insurance Professional-includes Best's Financial Strength Rating and rationale along with View Rating Definitions comprehensive analytical commentary,detailed business overview and key financial data Select one Report Revision Date 8/1)2012(represents the latest significant change). Historical Reports are available in AMB Credit Report-Insurance Professional Archive. Best's Executive Summary Reports(Financial Overview)-available in three versions these presentation style reports feature balance sheet,income statement,key financial performance tests including profitability,liquidity and reserve analysis. Data Status:2012 Best's Statement File-P/C,US Contains data compiled as of 8/22/2012 Quality Cross Checked. • Single Company-five years of financial data specifically on this company • Comparison -side-by-side financial analysis of this company with a peer group of up to five other companies you select. • Composite -evaluate this company's financials against a peer group composite.Report displays both the average and total composite of your selected peer group. Best's Key Rating Guide Presentation Report-includes Best's Financial Strength Rating and financial data as or provided in the most current edition of Best's Key Rating Guide products.(Quality Cross Checked). AMB Credit Report-Business Professional-provides three years of key financial data presented with colorful charts I"'' and tables.Each report also features the latest Best's Ratings,Rating Rationale and an excerpt from our Business Review commentary Status:Contains data compiled as of 8/22/2012 Quality Cross Checked. I`inancial and Analytical Products - ---_--_--- ---- Best's Key Rating Guide-P/C US&Canada Best's Statement File-P/C,US Best's Statement File-Global Best's Insurance Reports-P/C,US&Canada Best's Stale Line-P/C.US Best's Executive Summary Report-Comparison-Property/Casualty Best's Executive Summary Report-Composite-Property/Casualty Best's Regulatory Center Best's Insurance Expense Exhibit(IEE)-P/C US http://www3.ambest.com/ratings/entities/SearchResults.aspx?URatingId=2227864&b1=0&... 8/23/2012 • gGIIir-I CITY OF OSHKOSH CONTRACTOR/BIDDER QUALIFICATION FORM Company Information / Company Name:7:A/W .EA F 211.NOSG/ipi 1 gETAre ('EAllav, 1A56,. Complete Address: 20 E ,J-ry II t T, OBI KGs/ , (Ai i , StRa Phone:(g2 235-/206) Fax:(9,2a)235../2!2 _ State Contractor's License#: NA State Public Works Contractor's License#: N/ Other Applicable Licenses: wA . Union Affiliation: NioN.E Work Trades Performed: b4Np 1 ts-1 i Type of Company:Xi Corporation [ ] Partnership [ ] Sole Proprietorship Federal Tax ID#: 20 1475/ Company Contact: G f/IQ&1ii JJER 2/EC a► • Email Address: ehr;se Clovenee1c,r,c)sG4 pi ng .corn Date Formed: i cmq Number of Employees: Salaried: 3 Hourly: M, Bank Reference Mi' I A rthek tic 13M 0 1-iatkg's la), 1c' /VA i SkAcvaher to) Lenders Name and Address J'im • Ma tier- x_ 7 /5- 64 6=7416 Lending Officers Nine and Phone Number Completed Projects List four(4)representative projects completed in the last five(5)years Project Name Contracting Company Contact Name/Phone# Contract Amount ►! rA v_ -. 01-,44. 40414 s •Gov,EG (920 Y9q-8786 S1/3,OGn I i2 i A r -146Y--0,514 4564 1?!ESP 13Y6-15-72. 1.c IL2E6Q98 235-2g20 ' JO. „ Current Projects List four(4)representative projects currently under construction Project Name Contracting Company Contac Name/Phone# . Contract Amount tyi, ' . - Xwi le 1Elul. E-24.11.1 16ds)793-6161 438,DOD '" . aN - . '_ vvi . .ter_- E: • ee v • - 27 1C ,Da A •.__- 4: At ' . a•a, . ill ~ 0 .0 4 pa) t A 1 M012z (420)3': —2.87.2 - 'T e o L00/t0012 DIUdVOSMIV'I dV 1 D EAO'IO ZTZTS£ZOZ6 XVd 50:0T ZTOZ/80/80 ORIGIN Trade References List three(3) of your subcontractors or suppliers Company Name Address Phone# Contact Name 71:4E4)1z, itl l,�c, B ,c iM2q,Garso FM/ tit 7 fir-'NEarl (9zo�g83-64.1 i2 Tu Akk_ r VotoCaan pwil'n ,nir ,1/43,La,9t2zq ., mss (4i,)46B 92;2 oamar3�� U_ Marv. ., . Kd Al s_ A00E41624 t 20)00 Client References List three(3)clients Company N. Address Phone# Contact N •" et lit =4. 4/o fah' A4C,054CtSNi w I,91(2OI l4u¢r arMaTZ (q) 6-1473 rho a gr, ett*tie ,,,,,„611q61 C42o)23( -5320 1Zoo b*/ize>nir 13(5 nl i Ro,Sare F4pE6‘A. BAy, ,.91313 kr1 61114Wvez Cam)yq 67g1 Other Information In the past five years has your company failed to complete a contract or had a contract terminated? []Yes)(No In the past five years,has your company had any liens filed against it by any subcontractors or suppliers? []Yes)<No Has your company ever had liquidated damages assessed against it? []Yes 14 No Has your company or any of its employees been involved in a lawsuit related to a project?[]Yes)'No Has your company been investigated for any violations of local,state,or federal laws? []Yes)(No Has your company or any of its employee's been investigated for violation of any labor laws? []YesXNo • Provide a detailed description of the circumstances behind any"yes”answers given above below: • • L00/900E 9NIdVOSUNV'I JVTRIdA013 ZTZT9£ZOZ6 %V.3 90:OT ZTOZ/80/80