HomeMy WebLinkAboutNatural Solutions Wood Fiber & Installation Parks Department r3a)3
ORIGINAL
of
C� y
Oshkosh
CONTRACTOR AGREEMENT:
CERTIFIED ENGINEERED WOOD FIBER AND INSTALLATION
FOR CITY OF OSHKOSH PARKS DEPARTMENT
THIS AGREEMENT,made on the 2nd day of MAY,2019,by and between the CITY OF OSHKOSH,
party of the first part, hereinafter referred to as CITY, and NATURAL SOLUTIONS, P.O. BOX 712
MENOMONEE FALLS,WI 53052,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. 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. Contractor's Proposal
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.
ARTICLE II. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to
manage the project described in this contract:
(Matt Hoerter,Territory Sales Manager)
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.
City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us
ARTICLE III. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this contract:
(Chad Dallman,Assistant Parks Director)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the CONTRACTOR'S PROPOSAL dated
May 1, 2019, attached as Exhibit A.
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 V. 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 VI. TIME OF COMPLETION
The work to be performed under this contract shall be completed by no later than July 1, 2019.
Any changes to this completion date must be agreed upon by both parties in writing.
ARTICLE VII. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of$14,109.98 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 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 VIII. CON iRACTOR 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 ad-
judged 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 DC. INSURANCE
The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional
insured. The contractor's certificate of insurance for this project is attached as Exhibit B.
ARTICLE X. 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: CONTRACTOR/CONSULTANT
By: X7c161-1-crAt)-
Matt Hoerter, Territory Sales Manager
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
/ By: •--J�i
ili/i OL_ Mark A. ohloff,City Manager
sump
Mr, ,-
,/i And: U keri2),Werir\l'
( u ess) Pamela R Ubrig,City Clerk
APPROVED: I hereby certify that the necess-
ary provisions have been made to
t pay the liability which will accrue
�� in \ under this contract.
ity AiftOAmey
City Comptroller
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natural solutions
PO Box 712 Menomonee Falls,WI 53052 • www.mulchinstalled.com
Installation Proposal
Prepared by:
Matt Hoerter
matt@mulchinstalled.com
(414) 617-2227
May 1, 2019
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Prepared For: City of Oshkosh, Parks Department
Contact Name: Chad Dallman,Assistant Director
Contact Phone: (920)236-5080
Contact Email: cdallman@ci.oshkosh.wi.us
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Bauman Park $20.00 ?$19.50 26 $520.00 $507.00 $1,027.00
Menominee Park- $20.00 $19.50 123.21 $2,464.40 $2,402.58 $4,866.98
Little Oshkosh of 265
Roe Park(2) $20.00 $19.50 39 $780.00 $760.50 $1,540,50
Stevens Park $20.00 $19.50 122 $2,440.00 $2,379.00 $4,819.00
Teichmiller Park $20,00 $19.50 47 $940.00 $916.50 $1,856.50
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natural solutions
Pneumatic Blower Contract
This contract for "Pneumatic Blower Services" is made effective on / /2019 by and between
The City of Oshkosh Parks Department, and Natural Solutions LLC of W140 N5735 Lilly Rd.,
Menomonee Falls, WI 53052.
Description of Services:
Natural Solutions LLC will provide installation services of agreed upon material with the use of
commercial pneumatic blower trucks at the site(s) listed in this Contract.
Scope of Work:
Natural Solutions LLC will provide all supervision, labor, material, equipment, service, operations and
expertise required to satisfy a complete installation of agreed upon Services.
Work Site(s):
The City of Oshkosh Parks Department hereby authorizes Natural Solutions LLC to commence and
complete the installation of the agreed upon material on the Work Site(s) as required and specified in
this Contract and any attachments incorporated herein.
Permits
Natural Solutions LLC shall apply and obtain such permits and regulatory approvals as may be required
by the local municipality or county government, the cost thereof shall be included as part of the
Payment to Natural Solutions LLC under this Contract unless otherwise noted and agreed upon by both
parties.
Insurance
Natural Solutions LLC shall maintain General Liability and Workers Compensation Insurance and will
provide Certificate of Insurance upon request.
Payment
Payment shall be made to Natural Solutions LLC and sent to PO Box 712 Menomonee Falls, WI 53052.
The City of Oshkosh Parks Department agrees to pay the total amount documented in this Contract
under Net 30 Terms. If any Invoice Is not paid when due, an interest charge of 1.5%will be applied to
outstanding balances for each additional month the invoice remains unpaid. In addition to any other
right or remedy provided by law, if The City of Oshkosh Parks Department fails to pay for the
Services performed when due, Natural Solutions LLC has the option to treat such failure to pay as a
material breach of this Contract, and may cancel this Contract or seek legal remedy for Services
performed.
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Authorization
Client Name
Representative Name Representative Title
/ /2019
Representative Signature Date
Contractor
Natural Solutions, LLC
Representative Name Representative Title
/ /2019
Representative Signature Date
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