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CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920) 236-5115 FAX(920)236-5106
LETTER OF TRANSMITTAL
To: Highway Landscapers, Inc. Date: November 14, 2014
1900 Bohm Drive Pro�ect: Contract No. 14-25
Little Chute, WI 54140 From: Carol Marchant, Adm. Assistant
Re: Landscaping in Biofilters at City Hall
Attn: And Riverside Park Parking Lots
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
Quantit Description
1 Full executed Contract No. 14-25 — Landsca in in Biofilters at Cit Hall and
Riverside Park Parkin Lots
These are being transmitted as indicated below:
❑ For Approval � For Your Use ❑ As Requested ❑ For Review�Comment
Remarks:
cc: City Clerk (original)
Public Works, Engineering (original)
City Attorney (copy)
�- '
�1, .
:� . CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 15th day of October, 2014, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and HIGHWAY
LANDSCAPERS, INC., 1900 Bohm Drive, Little Chute, WI 54140, party of the second part,
hereinafter referred to as the CONTRACTOR,
WITNESSETH:
That the CITY and the CONTRACTOR, for the consideration hereinafter named,
agree as follows:
ARTICLE I. SCOPE OF WORK
The CONTRACTOR hereby agrees to furnish all of the materials and all of the
equipment and labor necessary, and to perform all of the work shown on the plans and
described in the specifications for the project entitled or described as follows:
Public Works Contract No. 14-25
for Landscaping in Biofilters at City Hall and Riverside Park Parking Lots, for the
Public Works Department, pursuant to Resolution 14-449 adopted by the Common Council
of the City of Oshkosh on the 14th day of October, 2014,
all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other
Contract Documents referred to in ARTICLE V of this Contract.
ARTICLE II. 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 Special Conditions and/or
CONTRACTOR's proposal.
ARTICLE III. PAYMENT
(a) The Contract Sum.
The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of
$54,410.00, adjusted by any changes as provided in the Specifications, or any changes
hereafter mutually agreed upon in writing by the parties hereto, provided, however, in the
event the Proposal and Contract Documents are on a "Unit Price" basis, the above
mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the
CONTRACTOR for the perFormance of the Contract the amounts determined for the total
number of each of the units of work as set forth in the CONTRACTOR's proposal; the
number of units therein contained is approximate only, and the final payment shall be
made for the actual number of units that are incorporated in or made necessary by the
work covered by the Contract.
1
, (b) Progress Payments.
In the event the time necessary to complete this Contract is such that progress payments
are required, they shall be made according to the provisions set forth in the Specifications.
ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS
The CONTRACTOR covenants and agrees to protect and hold the CITY 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.
ARTICLE V. INSURANCE
The Insurance required by the City of Oshkosh as specified in the CITY's
specifications, including addenda, or plans, or instructions, or advertisements, shall be
primarv coverage 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 based upon the occurrence of an event, and
not based on claims made. 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 this Contract, the Specifications, whichever is longer.
ARTICLE VI. 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 herein set out verbatim, or if not attached, as if hereto attached:
1. This Instrument
2. The City's Plans and Specifications, including all Addenda's
3. City of Oshkosh Standard Specifications
4. Instructions to Bidders
5. Advertisement for Bids
6. Contractor's Proposal
The Contract Documents are complementary; what is required by one is as binding
as if required by all. Before undertaking each part of the work, the CONTRACTOR shall
carefully study and compare the Contract Documents and check and verify all pertinent
figures and measurements required therein. CONTRACTOR shall promptly report in
writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR
may discover and shall obtain written clarification from the Engineer before proceeding with
any work affected thereby.
2
e
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 shall govern over any other component part which
follows it numerically except as may be otherwise specifically stated.
IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word
"CONTRACTOR" wherever used in this Contract means the party of the second part and
its/his/their legal representatives, successors, and assigns.
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused this contract
to be sealed with its corporate seal and to be subscribed to by its City Manager and City
Clerk and countersigned by the Comptroller of said City, and the party of the second part
hereunto set its, his or their hand and seal the day and year first above written.
In the Presence of: CONTRACTOR
� HIGHWA LANDSCAPER , INC.
. �
,
By: , �
--��.�� ��A
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
/` �/ � . By: �---,� ���!�
'L� -� ark A. Rohloff, City M nager
Wit ss) _�. __.
_ . �---. ��
�� And: � � '
(Wi ness) amela R. Ubrig, City lerk
APPROVED: I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract
orney
City Comptro ler
3
• Bond # 1035489
Maintenance Bond
Know All Men By These Presents, that we, Hi�hway Landscapers, Inc.
(hereinafter called the Principal), and The Hanover Insurance Company, a New Hampshire
corporation (hereinafter called the Surety), are held and firmly bound unto Citv of Oshkosh
(hereinafter called the Obligee), in the full and just sum of Fifty Four Thousand Four Hundred
Ten & 00/100 ($54,410.00 ) Dollars lawful money of the United States, for the payrnent of
which, well and truly to be made, we bind ourselves, our heirs, administrators, executors,
successors and assigns,jointly and severally, firmly by these presents.
Whereas, said Principal has perforined certain construction work for: Public Works Contract
No 14-25, Landscapin� in Biofilters at City Hall and Riverside Park Parkin�Lots
(hereinafter called the Improvements),
And Whereas, the Obligee has accepted or is about to accept the Improvements,
And Whereas, the Obligee requires as a condition of the acceptance of the Improveinents
that the Principal guarantee the Iinprovements free from defect caused by faulty workmanship
and inaterials for a period of 2 years from the date of acceptance, general wear and tear
excepted.
Now Therefore, if the said Improveinents shall be free froin defects of workmanship and
materials, general wear and tear excepted, during the period stated above, then this obligation
shall be null and void; otherwise to remain in full force and effect.
Signed, sealed and delivered this 27th day of October, 2014.
Witne s: Highw Landscapers Inc.
�
,
� �,u � � _
Witness: 1 The Hanover Insurance Company
;
`��-�'Kc�� �
Roxanne Jensen,
Attorney-In-Fact
Maintcnance bond
� THE NANOVERINSURANCE COMPANY
MASSACHUSETTS BAYINSURANCE COMPANY
, CITIZENS INSURANCE COMPANY OF AMER[CA
POWERS OF ATTORNEY
CERTIFIED COPY
KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCECOMPANY,both being
corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation
organized and existing under the laws of the State of Michigan,do hereby constitute and appoint
Jeffrey R. Meisinger,Kelly Cody, Kenton Arps and/or Roxanne Jensen
of Green Bay,WI and each is a true and lawful Attomey(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its ad and deed any
place within the United States,or,if the following line be filled in,only within the area therein designated any and all bonds,recognizances,undertaldngs,contracts of
indemnity or other writings obligatory in the nature thereof,as follows:
Any such obligations in the United States,not to exceed Fffteen Million and No/100(515,000,000)in any single instance
and said companies hereby ratify and confirm all and whatsoever said Attomey(s)-in-fact may lawfully do in the premises by virtue of these presents.
These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions
are still in effect:
"RESOLVED,That the President or any Vice President,in conjunction with any Vice President,be and they are hereby authorized and empoweredto appoint
P.ttome;s-i�-fact of the Company,in Rs name and as Ns ads,to execute and acknowledge for and on its behalf as Surety any and all bonds,recegnizances,
contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company. Any
such writings so executed by such Attomeys-in-fad shall be as binding upon the Company as if they had been duly executed and aclmowledged by the
regulariy elected officers of the Company in their own proper persons.°(Adopted October 7,1981-The Hanover Insurance Company;AdoptedApri11q,1982
-Massachusetts Bay Insurance Company;Adopted September 7,2001-CHizens Insurance Company of America)
IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE
COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duty attested by two Vice Presidents,
this 30th day of April 2012.
3`N�NAt����t�{�#,�#�AHC�Gt3�#r{4�)Y
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THE COMMONWEALTH OF.MASSACHUSETTS ) •�-y-..*.:••r.••.......-.--•--�•..�,.�..... °--.-.:�^'
COUNTY OF WORCESTER )ss. �t?e��'Lr4[r��r;1�S�iC�'Pti,xiii�.�t
On this 30th day of April 201 Z before me came the above named vice Presidents of The Hanover Insurance Company,Massachusetts Bay Insurance Company
and Citizens Insurance Company of America,to me personally Iviown to be the individuals and o�cers described herein,and aclmowledged that the seals affoced to
the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Companyand Cit¢ens Insurance Companyof
America,respectively,and that the said corporate seals and their signatures as o�cers were duly affaed and subscribed to said instrument by the authority and
direction of said Corporations.
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h� Q'rA:WGIA'VM7�1Qf�i5ld��Ytll15 ).�f.S� •^.� �r/Q°�'?".,•�.� t wr! � � .r
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�y
Barbara A.Garlick,Notary Public
My Commission Expires September 21,2018
I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of Ameri,^,a,
hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attomey issued by said Companies,and do hereby further certify
that the said Powers of Attomey are still in force and effect.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company,
Massachusetts Bay Insurance Company and Citizens Insurance Company of America.
"RESOLVED,That any and all Powers ofAttomey and Certified Copies of such Powers of Attomey and cert�cation in respect the�eto,granted and executed
by the President or any Vice President in conjunction with any Yce President of the Company,shall be binding on the Company to the same extent as if all
signatures therein were manually a�xed,even though one or more of any such signatures thereon may be facsimile." (Adopted Odober 7,1981-The
Hanover Insurance Company;Adopted April 14,1982-Massachusetts Bay Insurance Company;Adopted September 7,2001-Ckizens Insurance Comparry
of America)
GIVEN under my hand and the seals of said Companies,at Worcester,Massachusetts,this t��day of�'f- 20�
7H�HANOYER IN5i3fiAAtCE Gt11�lPA�tY
MASSACHt���TT'8 8AY i1�3SEi�iA�tCE ICORAPAlVY
Ct�'1�S INSURA,tdC��C11�1l�'ANY C7�AMERlCA
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1':.:✓.,:-�s.•.L:i ��j,.�f,,,:�"r%,'o-c,i..,,.
�t�rt�8+largastarr,Ytxs Pr�s;den2
• �� HIGHLA1 OP ID: MDC
: '4��°^ CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YWY)
1012112014
' 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 BENVEEN 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 CONTACT
Hausmann�,Johnson Insurance Inc NAME:
700 Regent St.,PO Box 259408 aic°No EM: NC No:
Madison,WI 53725-9408 E-MAIL
Phil Hausmann ADDRESS:
INSURER(S)AFFORDING COVERAGE NAIC#
�r,suReaa:Cincinnati Insurance Compan 10677
INSURED Highway Landscapers, IIIC. INSURERB:
1900 Bohm Dr
Little Chute,WI 54140 INSURERC:
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 2014 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 7ypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR POLICY NUMBER MMIDDIYYYY MMIDD/YYYY
GENERAL LIABILITY EACH OCCURRENCE $ 'I,OOO,OOO
A X COMMERCIALGENERALLIABILITY X CPP3659178 03/01/2012 03/01/2015 pREMISES Eoa�occurrence $ 500,00�
CLAIMS-MADE �OCCUR MED EXP(Any one person) $ 1�,00�
PERSONAL 8 ADV INJURY $ 'I,OOO,OOO
GENERALAGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ Z,OOO,OOO
POLICY X PR� LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 'I,OOO,OOO
Ea accident $
l4 X ANY AUTO CPA3659178 03/01/2014 03/01/2015 BODILY INJURY(Perperson) $
ALLOWNED SCHEDULED � BODILYINJURY(Peraccident) $
AUTOS AUTOS
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $
AUTOS PER ACCIDENT
$
X UMBRELLA LIAB X OCCUR � EACH OCCURRENCE $ 'I S,OOO,OOO
A EXCESSLIAB CLAIMS-MADE CPP3659178 03/01/2012 03/01/2015 qGGREGATE $ �5,00�,00�
DED X RETENTION S O g
WORKERS COMPENSATION X WC STATU- OTH-
AND EMPLOYERS'LIABILITY T RY IMIT ER
A ANYPROPRIETOR/PARTNER/EXECUTIVE YIN WC193220002 03/01/2014 03/01/2015 E.L.EACHACCIDENT $ 'IOO�OOO
OFFICER/MEMBER EXCLUDED? � N�A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ �00,�0�
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ SOO,OOO
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional RemaAcs Schedule,if more space is required�
RE: Contract 14-25, Landscaping - Biofilters for City Aall and Riverside
Park Parking Lot. City of Oshkosh - Winnebago County.
City of Oshkosh, and its officers, council members, agents, employees and
authorized volunteers are listed as Additional Insured with respect to
Commercial General Liability when specified in a written contract.
CERTIFICATE HOLDER CANCELLATION
CITYOSH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
CI of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
tY ACCORDANCE WITH THE POLICY PROVISIONS.
215 Church Avenue
PO Box 1130 AUTHORIZED REPRESENTATIVE
Oshkosh,WI 54903-113 � ,.� � �/i`
�/
O 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD