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Home My WebLink AboutRanger Services, Inc CONTRACTOR AGREEMENT.• TREE PLANT/NG SERV/CES FOR PARKS DEPARTMENT THIS AGREEMENT, made on the 'ST day of October, 2014, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and RANGER SERVICES INC. PO BOX 2221 , APPLETON, WI 54912, hereinafter referred to as the CONTRACTOR, WITNESSETH: 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. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Dan Traas, Ranger Services, 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 Division, Parks Department) ARTICLE III. SCOPE OF WORK The Contractor shall provide the services described in the contractor's proposal dated September 26, 2014 attached as Exhibit A. If anything in the Contractor's proposal conflicts with this agreement, the provisions in this agreement shall govern. The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the 1 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 12/31/14. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of 59,664.00, 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 (e.g. Contractor Costs for Unit Price Items as listed in the Bid Form) 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. ARTICLE IV. 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 2 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. ARTICLE V. INSURANCE The Contractor agrees to abide by the City of Oshkosh Insurance Requirements as specified and attached as Exhibit B. ARTICLE VI. 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. 3 in the Presence of: CONTRACTOR /CONSULTANT � �----' �� BY' ./t.tu� �ft��r d�.:r.'� (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH ; d� � By: ,�-- � � � Z° � � ' Mark A. hloff, City Manager (Wit ess) __ _ ___. . , � � And. � .� �� ( ess) Pamela R. Ubrig, City Clerk � . APPROVED: 1 hereby certify that the necess- ;> ary provisions have been made to • � pay the liability which will accrue �-- under this contract. City A y �1S��rKa �n ► n� City Comp oller 4 � .� ��'�/ig�7"�4 ��RgAN FOREST �Q¢� `� Y �y9� _ � `�_ J -{ � , � September 26, 2014 City of Oshkosh Attn: Bill Sturm -City Forester Email: bsturm(�a,ci.oshkosh.wi.us RE: Oshkosh Tree Planting Fall 2014 Bill, I have put together the costs for us to plant 56 trees that you have requested. All the trees we use are from gravel beds, These are bare root trees that have spent a season in a bed of gravel, which helps produce a strong root system with a lot of root development. They cost a little more but have great survivability. The 241arge trees will be 1 '/z"caliper and the small trees 1 Y4"to 1 '/2" caliper. Planting does include staking, mulching and one watering. The costs are as follows: Survey work(flagging planting sites) $320.00 Utility locate $160.00 Tree cost $4,704.00 Planting cost $4,480.00 Total $9,664.00 At this time the trees will be: 10 Kentucky Coffee trees 10 Frontier elms 4 Bloodgood Plane trees 5 Japanese tree lilacs 14 Perfect Purple crabapples 13 Golden Raindrop crabapples www.RangerServicesInc.com . Telephone: (920) 731-3511 I Fax: (920) 731-8606 I P.O. Box 2221 Appleton, WI 54912 I can also get nine Tartarian maples that we could use for smaller trees if you want. However, you would have to let me know as soon as possible. If you have any questions please feel free to call or email. I'll wait to hear from you before proceeding with the project. S incerely, i � Gary Coroneos Certified Arborist www.RangerServicesInc.com Telephone: (920) 731-3511 I Fax: (920) 731-8606 I P.O. Box 2221 Appleton, VVI 54912 . . ��/�g�l' /3 4/14/14 CITY OF OSHKOSH INSURANCE REQUIREMENTS II. CONTRACTOR'S INSURANCE WITHOUT PROPERTY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is rip �marv coveraqe and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY 8� BONDS A. Commercial General Liabilitv coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit (other than Products–Completed Operations) per project $2,000,000 4. Products–Completed Operations aggregate $2,000,000 5. Fire Damage limit—any one fire $50,000 6. Medical Expense limit—any one person $5,000 7. Watercraft Liability, (Protection & Indemnity coverage)"if' the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of$1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products–Completed Operations coverage must be carried for two years after acceptance of comp!eted work. B. Automobile Liabilitv coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1– "Any Auto" basis. C. Workers' Comqensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act)or Longshoremen's and Harbor Workers Act coverage. D. Umbrella Liabilitv providing coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of$10,000. II - 1 4/14/14 � E. Aircraft Liabilitv, "if' the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of $3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo. F. Builder's Risk / Installation Floater / Contractor's Epuipment or Propertv - The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. G. Also, see requirements under Section 3. H. Bond Requirements 1. Bid Bond. Bids that are $25,000 or greater will require the contractor to provide to the owner a Bid Bond, which will accompany the bid for the project. The Bid Bond shall be equal to 5 percent of the contract bid. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 2. Pavment and Performance Bond. If awarded the contract, bids that are $25,000 or greater will require the contractor to provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contracYs execution. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 3. Acceptabilitv of Bonding Companv. The Bid, Payment and Performance Bonds shall be placed with a bonding company with an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI. 2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above. II - 2 4/14/14 3. APPLICABLE TO CONTRACTORS /SUBCONTRACTORS/SUB-SUB CONTRACTORS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Repuirements — The following must be named as additional insureds on all Liability Policies for liability arising out of project work - City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products — Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days' prior written notice has been given to the City Clerk —City of Oshkosh. II - 3 . �'� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/WY) 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 OF 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 CONTACT lnsurance Agency contact NAME: lnformation,lncluding street Insurance Agenf's ---- address and PO Box if PHONE contact infoimatlon. F'e'X applicable. (AIC.No_Ext1_--,._---.-_-..._-- ---- (A/C.No): E-MAIL . --__..------------__. ADDRESS: -- ____ __ INSURER(S)AFFORDING COVERAGE___ �i NAIC# �---------------- iNSUReRn: ABC Insurance Company ___ NAIC# ----------------------- --...-- -- ------------ ------------ --...— - ----� ---...------ - INSURED Insured's contact In/ormation, �� fncluding name,add�ess and INSURER B__XYZ If1SUl'8f1C@ COfTle8fly _ __ ,�i NAIC# pno�e�umber. iNSUReR c:__LMN Insurance Company NAIC# — ---- --- ---._.....-------- INSURER D: Insurer(s)must have a minimum A.M.8esf rating of A- and a Flnancial Performance Rating of V/or bettec -'--- 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 PO�ICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE AMY 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 I^ I ADDL I SUBR i POLICY EFF ; POUCY EXP -��---� LTR '��.. TYPE OF INSURANCE i INSR � WVD i POLICY NUMBER MM/DD/Y I MM/DD LIMITS ;GENERAL LIABILITY i ��. j 1 i �� ---- � ' , ; i !EACHOCCURRENCE � $ 1,000,000 � � ' � , , . ...------- --------� �'COMMERCIAL GENERAL LIABILITY ' � I ❑ ; General Liabilrty Policy Num6er � Policy effective and expiration date. 'DAMAGE TO RENTED _� i � :PREMISES(Ea occurrence) $5�,�� A �'CLAIMS-MADE �iOCCUR i i i i � ( y p ) $S,OOO _-_ _._. MED EXP An one erson � � `---- ---- -- — ISO FORM CG 20 37 OR E�UIVALENT ! ' � � j 'PERSONAL&ADV INJURY � $ �,OOO,OOO ��---�------------------ � � � '--- �---- --------- ' i i �GENERALAGGREGATE I $Z,OOO,OOO , i � � 'L AGGREGATE LIMIT APPLIES PER: ! � ' ' i 4PRODUCTS-COMP/OP AGG ! $Z OOO,OOO --�- ''�,�. ._..--- ----...._._ ..._.�_—. . I � .___ ....__.------- �;POLICY �'PE��jLOC � $ ;AUTOMOBILE LIABILITY i � ��COMBINED SINGLE LIMIT � ' � ,(Eaaccident) I $ �,��,�0� —�----- ��,ANY AUTO � � ; � ': Auto Liabi/ityPolicyNumber I Policyeffective and expiration date. �BODILY INJURY(Per person) j $ B ❑ALL OWNED :;❑! SCHEDULED I ' i � t --�� AUTOS AUTOS � i BODILY INJURY(Per accident) I $ ~ NON-OWNED ' � � _ ---- _._. - �;HIRED AUTOS';❑' I 'PROPERTY DAMAGE AUTOS � ' : ; _ � � ; ; ; ; ;(Peracadent) $ , ' ' i - -� --- '-- �-----_.. '�' � � � ' ' � ( $ !�!�UMBRELLALIAB �OCCUR i � � � � j i ��EACHOCCURRENCE $Z,OOO,OOO _ A �❑;EXCESSLIAB ❑_ CLAIMS-MADE j '' UmbrellaLiabilityPolicyNumbe� i Poficyeffectiveandexpirationdate AGGREGATE _ $20��,�00 '❑DED �RETENTION$10,000 j � i �$ C .'AND EMPLO ERSEL A ILOI Y I ❑ � ' � ��;ORY IMITS❑ ER ANY PROPRIETOR/PARTNERlEXECUTNE � I I � I OFFICE/MEMBER EXCLUDEDI Y/N i � i Workers Com ensation Polic �� !E.L_EACH ACCIDENT $ 1 OO OOO �i(Mandatory(n NH) nJ I � p y ; Policy e/%ctive and expiration date -_ _-_____.__________._.___. . .._..___._._... Number I If yes,describe under � ,� i ,E.L.DISEASE-EA EMPLOYEE $10�� DESCRIPTION OF OPERATIONS below ' � � ---" ' � � � ! ' �E.L.DISEASE-POLICYLIMIT $rJOO,OOO ! ❑ ❑ � ' , � ; � � � � � i � DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 107,Additional Remarks Schedule,if more space Is requfred) Additional Insureds per attached endorsements. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies wiil not be canceled or non renewed until at least 30 days'prior written notice has been given to the City Clerk-City of Oshkosh. CERTIFICATE HOLDER CANCELLATION City of Oshkosh,Attn:Clty Clerk lnsurance Standard lI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 215 Church Avenue SAMPLE CERTIFICATE THE EXPIRATION DATE,THEREOF,NOTICE WILL BE DELIVERED IN PO Box 1130 ACCORDANCE WITH THE POLICY PROVISIONS. Oshkosh,WI 54903-1130 P�ease indicate somewhere on this certificate,the contract or project# AUTHORIZED REPRESEN7ATIVE this certificate is for. O 1988-2010 ACORD CORPORATION. All rights reservec ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: COMMERCIAL GENERAL LIABiLITY � � � � � � � � � ❑ � ❑ �G 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location s Of Covered Operations As required by contract Any and all job sites Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only sions apply: with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" This insurance does not apply to "bodily injury" or caused, in whole or in part, by: "property damage" occurring after: 1. Your acts or omissions; or 1. All work, including materials, parts or equip- 2. The acts or omissions of those acting on your ment furnished in connection with such work, behalf; on the project (other than service, maintenance or repairs) to be performed by or on behalf of In the performance of your ongoing operations for the additional insured(s) at the location of the the additional insured(s) at the location(s) design- covered operations has been completed; or nated above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Insurance Standard Il SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. CG 20 10 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 ❑ . • POLICY NUMBER: P°�;�Y# COMMERCIAL GENERAL LIABILITY ❑ ❑ 0 ❑ � ❑ ❑ ❑ ❑ ❑ � ❑ �G 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations As required by contract Any and all job sites Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sched- ule of this endorsement perFormed for that additional insured and included in the "products-completed operations hazard". lnsurance Standard lI SAMPLE CERTIFICATE Please indicate somewhere on this certificate,the contract or project# this certificate is for. CG 20 37 07 04 O ISO Properties, Inc., 2004 Page 1 of 1 ❑