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HomeMy WebLinkAboutHighway Landscaper Inc. & Oshkosh, Contract No. 16-26 / ' = /Z-, f CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 27th day of July, 2016,by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and HIGHWAY LANDSCAPER INC., PO Box 618, Kaukauna WI 54130, 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. 16-26 for biofilters for Public Works Field Operations Facility, for the Public Works Department,pursuant to Resolution 16-377 adopted by the Common Council of the City of Oshkosh on the 26th day of July, 2016, 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 IL 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 $130,598.50, 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 1 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. (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 primary 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 2 3. City of Oshkosh Standard Specifications 4. Instructions to Bidders 5. Advertisement for Bids b. 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. 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 Highway Landscaper, Inc. By: = ,.- �i� (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) 3 CITY OF OSHKOSH By: ����� _ Mark A. kohloff, City Manager (Wiles r And: Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue tinder this contract ity Lorne - City Comptroller 4 ® DAT£(MMJDDNYYYY) CERTIFICATE OF LIABILITY INSURANCE 8/2/2016 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 poticy(les)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 NA ITEC Robyn Henslin Cobb Strecker Dunphy&Zimmermann PHONE608 242 2555 FAX 608 242 Suite 990 -2560 1600 Aspen Commons E-PD E ,rhenslln@csdz.com Middleton WI 53562 INSURER(S)AFFORDING COVERAGE NAIL H INSURER A:Western National Mutual Insurance C 15377 INSURED HIGHLANI INSURERS:Hartford Fire Insurance Company 19682 Highway Landscapers, Inc. INSURER C: 1900 Bohm Drive INSURER 0: Little Chute,WI 54140 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 1362200447 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 POLICY EFF POLICY EXP LIMITS LTR INSD YND POLICY NUMBER L1M1DD MMIDD A X C01,1r,12RCIAL GENERAL LIABILITY Y CPP112285302 31112016 31112017 EACH OCCURRENCE 51,000,000 DAMAGE 71 CLAIMS-MADE ❑X OCCUR PREM Sa ES £NT6occu ante 8500,000 X Contr Liao Per MED EXP(Any one Person) $10,000 Poliry Form1XCU PERSONAL&ADVINJURY $1,000,000 GEtPLAGGREGATE LIMIT APPLIES PER., GENERALAGGREGATE $2,000,000 OPRODUCTS 52,000,000 POLICY a JECTPR - X LOC 5 OTHER: A AUTOMOBILE LIABILITY CPPI12254303 3/1/2016 3/5/2047 "Ea ardent 81,000,000 X ANY AUTO BODILY INJURY(Per person) S ALLOVaNED SCHEDULED BODILY INJURY(Per accfdent) $ AUTOS AUTOS PROPER DA!IAGE 8 NUTOS ED Peraccident X H!REDAUTOS Lxx AUTOS X Comp:$1,000 C6:$1,OOD Hired Auto Phy Damage $ACV of Vehide A X UMBRELLALIA$ PXSr()CCIUR UMBID2009802 3/112016 3/1/2017 EACH OCCURRENCE $10,000,000 EXCESS UAB S-MADE AGGREGATE $10,000,000 DED XRETENTION810,GOD 5 A WORKERS COMPENSATION WCV101588203 311/2016 3/1/2017 X STATUTE FIR AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORlPARTNERfEXECUTIVE � NIA EL EACH ACCIDENT $100,000 OFFICERl1FMI3ER EXCLUDED? (Mandatory la NH) E.LD!SE4SE-EAEMPLOYE $100,000 if yes,descnbe under DESCRIPTION OF OPERATIONS belay E.L.DISEASE-POLICY LIMIT 8500,090 B Contractors Equipment 83MSCC25074K3 3/112018 3/1/2017 Deductible: $2,500 OY+ned Equipment-Blanket Limit: $3,983,828 Leased/Rented Equipment Limit: $550,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES IACORD 101,Additional Remarks Schedule,maybe attached I€more space Is required) Project Reference: Contract 16-26, Landscaping-Biofilters for Public Works Field Operations Facility,Winnebago County City of Oshkosh and its officers, council members, agents,employees and authorized volunteers are listed as Additional Insured with respect to General Liability,when specified by written contract. 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 215 Church Ave ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1130 Oshkosh WI 54903-1130 AUTHORIZED REPRESEN ATNE ©1988-2014 ACORD CORPORATION, All rights reserved. ACORD 26(2014101) The ACORD name and logo are registered marcs of ACORD SOURCE OF MATERIALS REPORT Wisconsin Department of Transportation DT1349 612007 (Replaces ELI 5L) NOTE TO CONTRACTOR; Submit to Regional Office in triplicate as soon as possible to avoid delay in inspections. If all information is not known immediately, submit what is available and supplement it later. Project ID Federal Project Number Contract Number County Contract 16-26 Winnebago Highway/Bridge Project Description Biofilter for Public WOrks Fickd Operations Facility Contractor Type of Work Highway Landscapers, Inc. Plantings MATERIAL. DEALER AND/OR SOURCE AGGREGATES (Base Course) AGGREGATES (Other) Asphalt Principal Aggregate Blending Aggr., Coarse Blending Aggr., Fine 4; x Cement Brand &Type Est, Amt. Tons (Mg) v F Fine Aggregate U � Coarse Aggregate Q x Plant Name Cement Brand &Type Est. Amt. Tons (Mg) o Fine Aggregate U Coarse Aggregate 0 Plant Name Cement Brand &Type Est. Amt. Tons (Mg) o Fine Aggregate U Coarse Aggregate FLY ASH Brand &Type Est. Amt. Tons (Mg) BAR STEEL REINFORCEMENT(Pav't) P Concrete i P E Metal STEEL BEAM GUARD WOOD POSTS (Treated) (ADDITIONAL LISTINGS ON BACK) BAR STEEL REINFORCEMENT(Bridge) BAR STEEL REINFORCEMENT (Bridge, Coated STRUCTURAL STEEL (Bridge) FORGINGS (Bridge) CASTINGS (Bridge) RAILING (Bridge) LUMBER & TIMBER (Treated) TIMBER PILING (Treated) STEEL PILING GEOTEXTILES OTHER MATERIALS Prestressed Girder, Pavement Marking DEALER AND/OR SOURCE Materials, Fencing, etc. PLANTS Mckays, Wayside Nursei}r, Tillmann,Radtke,