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Home My WebLink AboutRanger Services/Tree Planting • ' �- IC� I�� CONTRA CTOR A GREEMENT.• 2015 TREE PLANT/NG SERV/CES FOR PARKS DEPARTMENT THIS AGREEMENT, made on the z5tn day of March, 2015, 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 praposal dated March 20, 2015 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 12/31/15. ARTICLE III. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the not to exceed sum of 519,128, 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 // - c.�, C.� , , ,_....,_._�.... �' B� -��' _ ��._._.---„> ��'� %G��-+� (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) CITY OF OSHKOSH , � _ � Bv: ��--- ��..�.� �" �� 'I� � Mark A. ohloff, City Manager (Witness) __. � � � � � C��i � A n d:�.. � 1' � - �,�,�� (Witness) Pamela R. Ubrig, City Clerk � APPROVED: I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. City tor y ,�r�l City Comptroller 4 � ��l��q �4gAN FORFSr Q�� y , ,. .. - 9 ciQ' 9Gs _ =- - ��► Q Z .� -i - � � i March 20, 2015 City of Oshkosh Attn: Bill Sturm - City Forester Email: bsturm(�ci.oshkosh.wi.us RE: Oshkosh Tree Planting Spring 2015 Bill, I have put together the costs for the different projects we talked about last week. The Middle Village project consists of planting three streets and filling in where trees from past plantings were damaged and removed. Due to the width of the terraces and the overhead utilities smaller ornamental trees will be used. They will be 1 '/4"bare root stock and will be mulched, staked and watered as usual. They will also be guaranteed replacement if they die due to natural causes in the first two years. As of right now the costs for Middle Village would be: Survey work(flagging planting sites).......................$320.00 Utility locates............................................................$160.00 Treecosts...............................................................$7,840.00 Plantin�costs.........................................................$6,860.00 Total..............................................................:.....$15,180.00 At this time the trees for Miller Village would be: 30 1 '/4"Ivor Silk Ja anese tree lilacs 27 1 '/4"Golden Raindro craba les 21 Royal Raindro craba les 20 Prairie Fire craba les www.RangerServicesInc.com Telephone: (920) 731-3511 I Fax: (920) 731-8606 I P.O. Box 2221 Appleton, WI 54912 The Miller Bay project at this time would consist of 16 shade trees and 6 ornamental trees. Two of the properties have room for a tree in their front yard. I will send letters to them to see if they would like this option. If they approve the planting then we would get two more trees. As of right now the costs for Miller Bay would be: Survey work(flagging planting sites).......................$180.00 Utility locates............................................................$160.00 Treecosts...............................................................$1,848.00 Plantine costs......................................................... 1.760.00 Total......................................................................$3,948.00 At this time the trees for Miller Bay would be: 16 1 '/2"Frontier elm 3 1 %z"Winter King hawthorns 2 1 '/z"Crimson Cloud hawthorns 1 1 '/2"Thunder Child crabapple If you have any questions or would like to make any changes please feel free to call or email. I will be out of the office March 23rd through March 27�', but will be back on Monday March 30th If you need any assistance before I return please ask for Dan and he will help you out. If we go ahead with either or both projects we would like a down payment for the tree costs in advance. At this time the Middle Village project would be a down payment of$7,840.00 and the Miller Bay project would be a down payment of$1,848.00. Due to the recession nurseries were not planting as much stock and now that it is over more trees are being sold so supplies are limited in larger sizes. Species may change as time passes due to reduced number of trees on the market. If this does happen I would notify you in advance and wait for your input before ordering. Sincerely, i � Gary Coroneos Certified Arborist www.RangerServicesInc.com Telephone: (920) 731-3511 I FaY: (920) 731-8606 I P.O. Box 2221 Appleton, WI �4912 �X�f�>�` l� �-�"'1 RANGSER-01 SEME '4��``'� CERTIFICATE OF LIABILITY INSURANCE DATE�MM/DD/YYYY) 4/16/207 5 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)733-4944 NAMEA T Melindfa Seefeldt Valley Insurance Associates,IIIC. PHONE Fax 3962 N Richmond St ac No eM:920-235-3450 53025 iuc No: P O Box 1937 n oaESS:mseefeld viainsurance.com Appleton,W154912-1937 INSURER�S)AFFORDING COVERAGE NAIC# iNSUReRn:SECURA Insurance Com anies INSURED Ranger Services Inc INSURER 8: 2675 Palisades Lane INSURERC: Appleton,WI S49�Z- INSURERD: 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. �L7R TYPE OF INSURANCE AN DL SUBR pOLICY NUMBER MM/LDDY� MM/DD� LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ��OOO�OO CLAIMS-MADE � OCCUR Y N TC2197656 5/22�2�'�4 5122/2015 pREMISES Ea occurrence $ 100,�� MED EXP(Any one person) $ $,00 PERSONAL&ADV INJURY $ 'I�OOO,OO GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ Z�OOO�OO POLICY�jE� �LOC PRODUCTS-COMP/OP AGG $ Z,OOO,OO OTHER: $ AUTOMOBILE LIABILJTY COMBINED SINGLE LIMIT Ea accident $ ��00�,�� A ANY AUTO Y N A2797655 5/22/2014 5/22/2015 BODILY INJURY(Per person) $ ALL OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ UMBRELLALJAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PE TH- AND EMPLOYERS'IIABILITY X STATUTE ER /4 ANY PROPRIETOR/PARTNER/EXECUTIVE Y�N N WC3030183 5/22/2014 5/22I2015 E.L.EACH ACCIDENT $ �0�� OFFICER/MEMBER EXCLUDED7 Y❑ N�A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ �OO,OO If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICV LIMIT $ SOO�OO DESCRIPTION OF OPERATIONS I LOCA710NS/VEHIClES (ACORD 701,Additional Remarks Schedule,may be attached if more space is required) See attached page. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Oshkosh THE EXPIRA710N DATE THEREOF, NOTICE WILL BE DELIVERED IN 215 Church Ave ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1130 Oshkosh,WI 54903-1130 AUiHORIZED REPRESENTATIVE �� -.� �_�c�� O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD RANGSER-01 SEME PAGE 1 OF 1 DESCRIPTION OF OPERATIONS - Ranger Services Inc City of Oshkosh 2615 Palisades Lane 215 Church Ave Appleton,WI 54912- PO Box 1130 Oshkosh,WI 54903-1130 Daniel Traas is excluded on the Workers Compensation coverage. Additional Insured reads as: City of Oshkosh&its officers,council members,agents,employee and authorized volunteers. Reference BPE2265,ILE0550, BP0450,CG210, BP0702 attached regarding the additional insured, primary and noncontributory, notice of cancellation wording. A 30 Day Notice of Cancellation applies. BUSINESSOWNERS BP07020197 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY Under Paragraph D. Liability And Medical Ex- penses Limits Of Insurance in the Businessowners Liability Coverage Form, the limit of insurance for all injury or damage other than injury or damage under the "products-completed operations hazard" applies separately to each of your projects away from prem- ises owned by or rented to you. BP 07 02 01 97 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION ENDORSEMENT This Endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to coverage provided by this Endorsement,the provisions of the Coverage Form apply unless modified by the Endorsement. SCHEDULE Name and address/contact information of Person(s)or Organization(s): City of Oshkosh & its Officers, Council Members, Agents, Employees, Authorized Volunteers 215 Church Ave PO Box 1130 Oshkosh, WI 54903 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The following Condition is added: Notice Of Cancellation—Scheduled Person(s)or Organization(s) a. If we do not renew or cancel this policy, we will send advance written notice to the person(s) or organization(s) as shown in the SCHEDULE.The notice will be delivered by any method we choose, in the applicable timeframe specified in the policy's Cancellation Condition, any amendment to that Condition, or any other statutory timeframe requirements. b. Notice provided on this policy shall also apply as notice for any other Commercial Lines insurance policy or coverage part issued to the Named Insured by us. c. The notice is intended only to inform the person(s)or organization(s) named in the SCHEDULE in the event of a pending cancellation or non-renewal of coverage. Our failure to provide such advance notification will not: (1) Change any policy cancellation or non-renewal effective date; (2) Negate any cancellation or non-renewal of the policy;or (e) Grant, alter, or extend any rights or obligations under any policy issued by us. All other terms and conditions of this policy not in conflict with the terms and conditions of this Endorsement shall continue to apply. ILE 0550 Includes copyrighted materials of Insurance Services Office, Inc.,with its permission. Page 1 of 1 1101 �O 2011 SECURA Insurance Companies POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 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 O erations City of Oshkosh & its Officers, Council Members, Agents, Employees, Authorized Volunteers 215 Church Ave PO Box 1130 Oshkosh, WI 54903 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 This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" ��property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, maintenance behalf; 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) desig- 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 pertorming operations for a principal as a part of the same project. CG 20 10 O7 04 O ISO Properties, Inc., 2004 Page 1 of 1 ❑ POLICY NUMBER: BUSINESSOWNERS BP04500197 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY SCHEDULE* Name Of Person Or Organization: City of Oshkosh & its Officers, Council Members, Agents, Employees, Authorized Volunteers PO Box 1130 Oshkosh, WI 54903 * Information required to complete this Schedule, if not shown on this endorsement, will be shown in the Decla- rations. The following is added to Paragraph C. Who Is An Insured in the Businessowners Liability Coverage Form: 4. Any person or organization shown in the Schedule is also an insured, but only with respect to liability arising out of your ongoing operations performed for that insured. BP 04 50 01 97 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 ❑ Primary & Noncontributory Amendment of Conditions for Designated Additional Insured THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Subject to the provisions of BUSINESSOWNERS LIABILITY COVERAGE FORM, BUSINESSOWNERS COMMON POLICY CONDITIONS,and this endorsement, the following provisions are changed 1. for any person or organization other than a joint venture, extended in this policy as an additional insured,and 2. for which you have agreed by written contract to obtain bodily injury or property damage liability insurance, arising out of your continuing operations for that additional insured as follows: A. Other Insurance Amended 1. With respect to Business Liability Coverage, BUSINESSOWNERS COMMON POLICY CONDITIONS, Paragraph H. Other Insurance, subparagraph 3. is replaced by: Other Insuranc�Business Liability 3. If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance Where required by a written contract,this insurance is primary as respects any other insurance policy issued to the designated additional insured. Otherwise, b. below applies. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage"to premises rented to you or temporarily occupied by you with pe�rnission of the owner, or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I -Coverage A-Bodily Injury And Property Damage Liability. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement. (3) Any of the other insurance available to the designated additional insured; except any other insurance policy issued to the designated additional insured, whether primary, excess, BPE 2265 99 12 Includes copyrighted materials of Insurance Services Office, Inc.,with its permission Page 1 of 2 contingent or on any other basis. c. Method Of Sharing This paragraph does not apply with respect to any other insurance policy issued to the designated additional insured. This insurance shall not contribute in any manner with any other insurance policy issued to the designated additional insured. When this ins urance is excess,we will have no duiy under Coverages A or B to defend the insured against any "suiY' if any other insurer has a duty to defend the insured against that "suiY'. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (2) The total of all deductible and sel�insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in t�e Declara6ons of this Coverage Part.c.Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance All other terms and conditions remain unchanged. BPE 2265 99 12 Includes copyrighted materials of Insurance Services Office, Inc.,with its permission Page 2 of 2