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HomeMy WebLinkAboutBerglund Construction Co/convention center parking ramp repairs 2020CONTRACTOR AGREEMENT: OSHKOSH CONVENTION CENTER PARKING RAMP REPAIRS 2020 CITY OF OSHKOSH THIS AGREEMENT, made on the 110, day of December, 2019, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and BERGLUND CONSTRUCTION COMPANY, 8410 S. SOUTH CHICAGO AVENUE, CHICAGO, IL, 60617, 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. Proposal Solicitation 2. This Instrument 3. 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 Il. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Eric Dexter, Project 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 then hffil� 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.oshkoshAN 1 5 2020 a CITY CLERK'S OFFICE ARTICLE Ill. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (Jon G. Urben, General Services Manager) ARTICLE rV. SCOPE OF WORK The Contractor shall provide the services described in the City's Invitation for Bid for this Project titled "OSHKOSH CONVENTION CENTER PARKING RAMP REPAIRS 2020" dated October 11, 2019, and the contractor's bid form and materials attached as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the provisions in the Bid Specifications 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 City. ARTICLE V. CITY RESPONSIBILITIES 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 no later than Tune 30, 2020. 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 $71,000.00 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 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 VIE. 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 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 IX. 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 B. (Seal of Contractor if a Corporation.) ( ecify Title) (Specify Title) CITY OF'OO/SHKOSH e9 A cl cc�� Ma Mazk A.(Rol-doff, City Manager (Witness) And: _ . (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. Attorney v— City C mptroller EX.UiBrl'/P City of Oshkosh Bid Proposal Form Oshkosh Convention Center Parking Ramp Repairs 2020 Page 1 of 2 (This form must be completed in full and submitted with bid) From: _ Berglund Construction Company (Bidder's Company Name) BID PROPOSAL DEADLINE: TUESDAY NOVEMBER 19, 2019 @ 10:00 A.M. Date: November 19 201 Addenda: Receipt of Addenda numbered _ of — are hereby acknowledged and included in bidder's bid proposal form. If no addenda Were issued for this bid please write "N/A" above. In compliance with the advertising for Bids and having carefully examined the drawings and specification for the Work and the Site of the proposed work and having determined all of the conditions of the work, the rules, regulations, laws, codes, ordinances, and other governing circumstances relating toes, project, the undersigned Proposes to furnish all Labor, Materials and Equipment necessary to complete the construction indicated on the drawings and described in the project manual to include all described work completed to the Owners' satisfaction. By Submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that this Bid has been arrived at independently without consultation, communication, or agreement as to a matter relating to this Bid and with any other Bidder or with any competitor. We, the undersigned, propose to furnish all labor and materials per the project specifications or noted deviations for the following amount(s): Base Bid: $_ 69,000 "Bidders must include the base bid and alternate bid breakdowns listed in 00 4100 Bid Forms (pages 3-4) with their bid submittal. That I have examined and carefully prepared this Proposal from the Plans and Specifications and have checked the same in detail before submitting this Proposal; that I have. full authority to make such statements and submit this Proposal in (its) (their) behalf, and that said statements are true and correct. SIGNATURES Date: November 19 2019 26 4C014*461r44 City of Oshkosh Bid Proposal Form Oshkosh Convention Center Parking Ramp Reps 2020 Page 2 of 2 Name of Company: Ber fund Construction Com an Submitted by (Name/Title): John McHu h Email imchuah beralundco com Address of Company: 8410 S. South Chicago Avenue Chicago, IL 60617 Phone: 77s_z7d_, nn Project Manager assigned to this project, if awarded: Eric Dexter 27 Y�xry5 1 ,?ram zaps* rrx rtiAr. SECTION 00 4100 — BID FORMS PART 1-GENERAL 1.1 Description A. Included herein are Bid Forms which shall be completed and submitted in accordance with the bidding requirements. PROJECT: Oshkosh Convention Center Parking Ramp Repairs 2020 1 North Main Street Oshkosh, W154901 BID SUBMITTED TO: City Manager c/o City Clerk's Office, Room 108 City Hall Oshkosh, WI 54903 RECEIPT OF BIDS: Day: Tuesday Date: November 19, 2019 Time: 10 AM BID SUBMITTED BY: John McHugh BIDDERS NAME: Berglund Construction Company BIDDERS ADDRESS: 8410 S. South Chicago Avenue, Chicago, IL 60617 TELEPHONE: 773-374-1000 DATE: November 19, 2019 B. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. C. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for thirty days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents as specified in the Instructions to Bidders. WGI PROJECT NO. R1-2011-483 BID FORMS 00 4100 - 1 D. In submitting this Bid, BIDDER represents, -as more fully set forth in the Agreement, that: 1. BIDDER has examined copies of all the Contract Documents and of the following Addenda: Dated Addendum Number (receipt of all of which is hereby acknowledged) and also copies of the Invitation for Bids and the Instructions to Bidders. 2. BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. 3. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER. E. BIDDER agrees that the Work will be substantially completed and fully completed on or before the following dates: 1. Substantial Completion to be coordinated with owner 2. Full Completion by June 1, 2020. F. The following documents are attached to and made a condition of this Bid, unless noted otherwise: Required Bid Security in the form of: G. The following information will be supplied per the requirements of the Instructions to Bidders: 1. Identify all subcontractors and other persons and organizations proposed for those portions of the Work listed below. Descriotion of Work Manufacturer Installer a. Cast -in -Place Concrete (03 3000) as specified _Berglund b. Joint Sealants (07 9200) _as specified Berglund 2. Submit a Substitution Listing per the Requirements of the Instructions to Bidders. 3. Provide a paragraph describing the materials and type of construction proposed for the dust and fume protection system. 4. Total project base bid shall include the summation Of lump sum bids, plus the summation of unit prices multiplied by the estimated quantities in paragraph G.6. Items with zero estimated quantities shall not be added to cost. Work items identified in paragraph G.8 shall be alternates to the Contract. 5. Contractor shall submit a lump sum Contract price for all work included in the Drawings and Specifications except as modified herein. Costs for sealants and deck coating indicated in details should not be included in lump sum cost, unless noted. Lump sum WGI PROJECT NO. R1-2011-483 BID FORMS 00 4100 - 2 price shall include all costs to provide, install, and/or repair work items including, but not limited to, labor, material, equipment, supervision, overhead, profits, etc. Specific lump sum work is described below: a. Project mobilization shall include General Contractor and Subcontractor mobilization costs. Include permits, temporary offices, bonding costs, etc. Provide itemized breakdown. b. Project General Requirements and all miscellaneous costs associated with completion of work in accordance with the Construction Documents. This shall include, but not be limited to, shoring, barricades, cleanup, dust and fume control, layout, equipment, waste disposal, documentation, obstruction removal and replacement, etc. 6. Provide unit prices for items listed below. These items shall be included in the project base bid. Unit prices shall include all costs to provide, install, and/or repair work item including, but not limited to, labor, materials, equipment, supervision, overhead, profits, etc. a. Quantities beyond those estimated shall be paid at the stated unit price, quantities less than estimated will be deducted from the Contract. Quantities may be distributed throughout the project, not necessarily in a single location. b. All prices to include demolition, unless noted. C. Unit Prices: BASE BID Work Item Reference Unit General Conditions Quantity Unit Cost Total G7 Contractor Mobir¢ation Div. 1 Specs. L.S. 7 G2 Contractor General Conditions Div.1 Specs. L.S. 1 8,000 Concrete Items10,760 C1 Curb Repair -On -Grade 1/SK-4 L.F. 162 $ 110 $ 17 820 C2 Slab Replacement at Curb 2/SK-4 S.F. 1,020 $ $ 26 26 520 Waterproofing Items Wl Column Sealants 4/SK-5 & 5/SK-6 EA 8 $ 100 $ 800 W2 Control Joint Sealant 3/SK-5 L.F. 600 $ 8.50 $ 5 100 Base Bid Total (Numbers) $ 69 000 Base Bid Total (Words) Riot"_ 11;- . _ .. WGI PROJECT NO. R1-2011-483 BID FORMS 00 4100 - 3 OSHKOSH CONVENTION CENTER REPAIRS 2020 OCTOBER 2019 Base Bid Summary a. BIDDER will complete the Work for the following price: Sixty -Nine Thousand and 0/100 DOLLARS (use words) $69.000 (figures) 8. Alternate Bids a. Contractor shall provide unit cost for items listed below. These items are not part of the current construction package, but shall be considered as alternate work to be performed at the Owner's option at the cost given. Contract period will not be extended if alternates are accepted. b. Unit Prices: Work Item Reference Unit Quantity Unit Cost Total Estimated Cost Al Curb Repair - On -Grade Alt. 1-A/SK-11 L.F. 162 $ 170 $ 27,540 Ala Full Curb Replacement 1/SK-4 L.F. 410 $ 90 $ 36,909 Alb Full Curb Replacement Alt. 1-A/SK-11 L.F. 410 $ 140 $ 57 ,400 A3 Topside Partial Depth Slab Repair 14/SK-9 S.F. 20 $ 100 $ 2000 A4 Column Delamination Repair 10 & 11 /SK-8 S.F. 20 $ 300 $ 6,000 A5 Curb Repair -Supported Levels 9/SK-7 L.F. 10 $ 200 $ 2,000 A6 Cove Joint Sealants 12/SK-9 L.F. 400 $ g $ 3,600 A7 Expansion Joint Repok/Replace 13/SK-9 L.F. 40 1 $ 50 $ 2,000 9. Description of Abbreviations: a. L.F. = Lineal Feet b. EA. = Each C. S.F. = Square Feet d. L.S. = Lump Sum e. LBS. = Pounds f. N.A. = Not Applicable 10. The quantities appearing in -the preceding Schedule (paragraph G.6.c) are approximate only and are prepared for comparison of bids. Payment to the Contractor will be made only for the actual quantities of Work performed and accepted in accordance with the contract unit prices. Any item and/or section within the Work may be deleted by the Owner. a. Refer to Drawings and Specifications for other Work required as part of this Contract but not listed in the above schedule (paragraph G.6). 11. The terms used in this Bid which are defined in the General Conditions of the Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. a. The quantities appearing in the preceding Schedule have been measured or estimated by the Engineer. Contractor may rely upon these quantities in preparation of the base Bid. b. Note that the items provided in the above list do not represent all of the General Requirement Work required by this Contractor. WGI BID FORMS PROJECT NO. R1-2011-483 00 4100 - 4 OSHKOSH CONVENTION CENTER REPAIRS 2020 OCTOBER 2019 12. The Bidder, by its officers and its agents or representatives present at the time of filing this Bid, being duly sworn on their oaths, say that neither they nor any of them have in any way directly or indirectly entered into any arrangement or agreement with any other Bidder, or with any officer of the City of Oshkosh, or WGI whereby such affiant or affiants has paid or is to pay such other Bidder or officer any sum of money, or has given is to give to such other Bidder or officer anything of value whatever; that such affiant or affiants has not directly or indirectly, entered into any arrangement or agreement with any other free competition in the letting of the Contract sought for by the attached Bids; that no inducement of any form or character other than that which appears on the face of the Bid will be suggested, offered, paid or delivered to any person whomsoever to influence the acceptance of the Bid or awarding of the Contract; that this Bidder has no agreement or understanding of any kind whatsoever, with any person whomsoever to pay, deliver to, or share with any other person in any way or manner, any of the proceeds of the Contract sought by this bid. PART2-PRODUCTS 2.1 Not used. PART 3 - EXECUTION 3.1 Not used. END OF SECTION 00 4100 WGI BID FORMS PROJECT NO. R1-2011-483 00 4100 - 5