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HomeMy WebLinkAboutContractors Agreement Hurckman Mechanical Industries DocuSign Envelope ID: 1A846CE5-D4E4-4B53-A5A8-37BD98BA359B 1 '39 '13 okt r-1 ,,D)v, : I of _ Oshkosh _ RECEIVED NOV 0 2 2020 CONTRACTOR AGREEMENT: SAFETY BUILDING BOILER REPLACEMENT CITY CLERK'S OFFICE CITY OF OSHKOSH - THIS AGREEMENT,made on the 20th day of OCTOBER,2020,by and between the CITY OF OSHKOSH, party of the first part,hereinafter referred to as CITY, and HURCKMAN MECHANICAL INDUSTRIES, INC., 1450 VELP AVENUE, GREEN BAY,WI,54303,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: A. This Instrument B. Proposal Solicitation C. 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. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (JAKE WARDEN,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 City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 hitp://www.ci.oshkosh.wi.us : L.- DocuSign Envelope ID: 1A846CE5-D4E4-4B53-A5A8-37BD98BA359B 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 III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (JON URBEN, GENERAL SERVICES MANAGER) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project titled "SAFETY BUILDING BOILER REPLACEMENT PROJECT" dated SEPTEMBER 12, 2020, 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 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 DECEMBER 15,2020. 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 $166,900.00 adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. B. Fee schedules shall be firm for the duration of this Agreement. i. 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. ii. 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 DocuSign Envelope ID:1A846CE5-D4E4-4B53-A5A8-37BD98BA359B covered under the subject amendment. ARTICLE VIII. STANDARD PROVISIONS The CONSULTANT agrees in all hiring or employment made possible by or resulting from this agreement, there will not be any discrimination against any employee or applicant for employment because of race, color,religion, sex, sexual orientation, gender identity, or national origin. ARTICLE IX. 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 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 X. 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 XI. TERMINATION C. 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. D. 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. DocuSign Envelope ID: 1A846CE5-D4E4-4B53-A5A8-37BD98BA359B • In the Presence of: CONTRACTOR/CONSULTANT .—DocuSlgned by: By. t il�. �/a�tn,ais `-2D393CAS09924AC... (Seal of Contractor if a Corporation) (Specify Title) By: (Specify Title) CITY OF OSHKOSH ,—DocuSigned by: By: �......105P7FAAQAAAd41 Mark A.Rohloff,City Manager (Witness) Fahnitta,DocuSiign ed by: And: .621^2E611D2"^n2... 000 (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which —DocuSii}gned by: will accrue under this contract. lfa"" dtpA ni ,—DocuSlgned by: `-42F6A3370E81498... City Attorney —9CEF0324F89A4BE City Comptroller DocuSign Envelope ID:1A846CE5-D4E4-41353-A5A8-37BD98BA359B )� jam/ / 4 • ,7 OSHKOSH SAFETY BUILDING BOILER REPLACEMENT • CITY OF OSHKOSH BID PROPOSAL FORM Page 1 of 2 From: Hurckman Mechanical Industries, inc. (bidder's company name) BID SUBMITTAL DEADLINE: OCTOBER 2,2020©10:00 A.M. Date: 10/2/2020 Addenda: Receipt of Addenda numbered 9 of 1 are hereby understood, acknowledged and included in bidder's bid proposal form. If no addenda were issued for this project 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 to this 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): TOTAL BASE BID SCOPE: The I-iC will be the lead contractor for this project. The four 1 million btuh Fulton Boilers are to be replaced with two 2 million btuh AR-2000 Riello Condensing boilers. This replacement will require installing new boiler vent and combustion holes through the roof deck. This work will also require the extension of the existing concrete pad to fit the larger boilers. In addition, this work will require the re-piping of the secondary piping system near the system pumps. The control contractor is to provide controls for the new boilers and coordinate the proper operation of the secondary pumps. TOTAL BASE BID: $166,900 One hundred sixty six thousand nine hundred (Base Bid Price—in Words) 27 _ I DocuSign Envelope ID:1A846CE5-D4E4-4B53-A5A8-37BD98BA359B OSHKOSH SAFETY BUILDING BOILER REPLACEMENT CITY OF OSHKOSH BID PROPOSAL FORM Page 2 of 2 Warranty Details: 12 months from start up 10 years on heat exhangers SIGNATURES Date: 10/2/2020 Name of Company: �Hurckman Mechanical Industries. Inc. Submitted by: (name/title) Kevin Vadnais Senior Estimator Small: kevinvadnals®hurckman.com Address of Company: 1450 Velp Avenue Green Bay, WtPhone: (920) 499-8771 Company Representative that will be named Project Manager for this project,if awarded the bid: Jake Warden Signature ^- Title Project Manager Team Lead Company Representative authorized to sign contracts electronically via DocuSign: Name: Kevin Vadnais Email: kevinvadnais@hurckman.com 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. Signature 'signature / 421, 1/a��iza.• Title Senior Estimator 28 Nue ATA Document A310 TM - 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal status and principal place HURCKMAN MECHANICAL INDUSTRIES, of business) INC.14 HUDSON INSURANCE COMPANY Green Bay, V Avenue 100 William Street 5th Floor This document has important legal Gry,,WWI54303 New York,NY 10038 consequences,Consultation with OWNER: an attorney is encouraged with (Name, legal status and address) respect to its completion or CITY OF OSHKOSH modification. 215 Church Avenue,Oshkosh,WI 54903-1130 Any singular reference to Contractor,Surety,Owner or BOND AMOUNT: Five Percent of Amount bid other party shall be considered (5%of Amount Bid) plural where applicable. PROJECT: (Name, location or address, and Project number, if any) Oshkosh Safety Building,Oshkosh,WI Project Number,if any: The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof;or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the tenn Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed. u' sealed this 2 day of October,2020 HURCKM ME ANICAL DUS I (Princip Q (Seal) (Witness! /6$ (Ti e) H SON INSURANCE COMPANY j (Surety) (Seal) fitness CUAl\-12— (Title) Roxanne L.Jensen,Attorney in Fact_ AIA Document A310^"—2010.Copyright 0 1963,1970 and 2010 by The American Institute of Architects.All rights reserved. .f • C.44S HUDSON BID BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY,a corporation of the State of Delaware,with offices at 100 William Street,New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Kelly L.Cody,Roxanne L.Jensen,Christopher Knowlton Hoyden of the State of Wisconsin its true and lawful Attomey(s)-in-Fact,at New York City in the State of New York,each of them alone to have full power to act without the other or others,to make,execute and deliver on its behalf,as Surety,bid bonds for any and all purposes. Such bid bonds,when duly executed by said Attomey(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly authorized,on this 30th day of November ,20 17 at New York,New York. (Corporate seal HUDSON INSURANCE COMPANY Attest By Dina Daskafakis,Corporate Secretary Michael P.Cifone,Senior Vice President v' STATE OF NEW YORK COUNTY OF NEW YORK SS. On the 30th day of November ,20 17 before me personally came Michael P.Cifone to me known,who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY,the C mpany described herein and which executed the above instrument, that he knows the seal of said Company,that the seal affixed to said instrument is the corporate s I of said Corn any,that it was so affixed by order of the Board of Directors of said Company,and that he signed his name thereto by like order. (/ ,, ANN M. IURPH (Notarial Seal) ' •.9�0 = Notary Public,State New rk (j.j' No.0I MU6067553 A'c, : Qualified in Nassau County A _ Commission Expires December 10,2021 NyJ •• �$`f G CERTIFICATION STATE OF NEW YORK %� COUNTY OF NEW YORK •0 NEW`(0�,,,, nrr,r ,,,, The undersigned Dina Daskalakis hereby certifies: THAT the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27th,2007,and has not since been revoked,amended or modified: "RESOLVED,that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion,to appoint such agent or agents,or attorney or attorneys-in-fact,for the purpose of carrying on this Company's surety business,and to empower such agent or agents,or attorney or attorneys-in-fact,to execute and deliver.under this Company's seal or otherwise,bonds obligations,and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertaking made in the course of this Company's surety business, and renewals, extensions, agreements, waivers,consents or stipulations regarding undertakings so made;and FURTHER RESOVLED,that the signature of any such Officer of the Company and the Company's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond,undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto,such signature and seal when so used whether heretofore or hereafter, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. �] Witness the hand of the undersigned and the seal of said Company this g\irl day of ,20 9 (Corporate seal) ���, ' ` By � t�'- , Dina Daskalakis,Corporate Secretary Als • "•• • ..••• .