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Home My WebLink AboutEGI Mechanical, Inc 2012 AGREEMENT THIS AGREEMENT, made on the 5th day of May, 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and EGI Mechanical, Inc., 1000 East Pearl Street, Seymour, WI 54165, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor,for the consideration hereinafter named,enter into the following Agreement. The CITY'S Bid Specifications and Insurance requirements are attached hereto and incorporated into this Agreement. The Contractor's proposal is also attached hereto and reflects the agreement of the parties except where it conflicts with the CITY'S terms within this agreement, in which case the CITY'S Bid Specifications, Insurance requirements, and other terms of 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: (Jody Gorges, Project Manager, EGI Mechanical, 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: (Jon Urben, General Services Bureau Manager) 1 ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Bid Specifications dated March 20, 2012, attached hereto as Exhibit A, the items identified in the only bid addendum issued for this project attached hereto as Addendum #1, and the Contractor's "Oshkosh Convention Center Chiller Replacement Bid Proposal Form" dated April 13, 2012, attached hereto as Exhibit B. Exhibit A, Addendum #1 and Exhibit B are incorporated into this Agreement. If anything in the Contractor's proposal conflicts with the CITY'S Bid Specifications or with this agreement, the CITY'S Bid Specifications and 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 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 July 6, 2012. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $179,616, 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. 2 C. Additional Costs. Costs for additional services to 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 VII. 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 VIII. INSURANCE The Contractor shall provide insurance for this project that includes the City of Oshkosh as an additional insured. The specific coverage required for this project is identified in the CITY'S Bid Specifications dated March 20, 2012, attached hereto as Exhibit A and fully incorporated into this Agreement. The Contractor is responsible for meeting all insurance requirements. The CITY does not waive this requirement due to its inaction or delayed action in the event that the Contractor's actual insurance coverage varies from the Insurance required. ARTICLE IX. 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 • : CONTRACTOR /CONSULTANT �`, A / ( I By: /' T & _- , ,L - 5e-p h B, Lcl-Lt.& Pre s%cteytt (Seal of Contractor (Specify Title) if a Corporation.) By: w. J"o sc fh u.!. Nte_S vice Pies,deA* (Specify Title) CITY OF OSHKOSH , 4t.---- -g-el- r ('77 f7/1 Mark A. Rohloff, City Manager sifitness) � 4 Y A And: ,." k la ( I i ness) Pamela R. Ubrig, City Cler APP-OVED: I hereby certify that the necess- 0 ' ary provisions have been made to pay the liability which will accrue _ 11.1ct is tiOA tC __ under this contract. - 'City tom- Si , Cittroller 4 REVISED MAY 22, 2012 12-253 RESOLUTION (CARRIED 7-0 LOST LAID OVER WITHDRAWN ) • PURPOSE: AMEND AWARD OF BID FOR CHILLER REPLACEMENT FOR OSHKOSH CONVENTION CENTER TO EGI MECHANICAL INC. TO INCLUDE ALTERNATE 1 ($186,551.00) INITIATED BY: PURCHASING DIVISION WHEREAS, the City of Oshkosh has heretofore advertised for bids for replacement chillers, pump and control systems, and two variable frequency driven pumps for the Oshkosh Convention Center; and WHEREAS, upon the opening and tabulation of bids, it appears that the following is the most advantageous bid: EGI MECHANICAL, INC. 1000 East Pearl Street Seymour, WI 54165 Total Bid Including Alternate 1: $186,551.00 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the said bid is hereby accepted and the proper City officials are hereby authorized and directed to enter into an appropriate agreement for the purpose of same, all according to plans, specifications, and bid on file. Money for this purpose is hereby appropriated from: Acct. No. 323-0130-7204-06237 Equipment Improvement Fund -- Roofing / HVAC Improvements • Indicates Revision AMENDMENT Both parties agree to amend the original signed contract for the Chiller Replacement Project at the Oshkosh Convention Center dated May 5, 2012 between CITY OF OSHKOSH, party of the first part, herinafter referred to as CITY, and EGI Mechanical, Inc., 1000 East Pearl Street, Seymour, WI 54165, hereinafter referred to as the CONTRACTOR, ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $186,551, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto. In the Presence of: CONTRACTOR /CONSULTANT _ / /. By: L A A. %. - a. Pr es,.te (Seal of Contractor (Specify Title) if a Corporation.) By: Ae-ai Toseph &ii. saes V,c Pre scde„t (Specify Title) CITY OF OSHKOSH By: 1 4 Mark A. Rohloff, City Managgr ( itness) And f L � `.! 2 (Witness) Pamela R. Ubrig, City Clerk APP'OVED: I hereby certify that the necess- ary provisions have been made to �� pay the liability which will accrue under this contract. ' City Att A City C. • oller 1 CITY HALL 215 Church Avenue P.O.Box 1130 Oshkosh,5 903-01130 City of Oshkosh OfHKOlH TO: Honorable Mayor and Members of the Common Council FROM: Jon Urben,General Services Bureau Manager DATE: May 10, 2012 RE: Amend Bid-Convention Center Chiller Replacement BACKGROUND At their April 24, 2012 meeting the Common Council awarded the chiller replacement for the Convention Center to EGI Mechanical, Inc. for $179,616. Since this award City staff has been made aware that the original bid tab did not include alternate 1 bids which included the installation of two variable frequency driven (VFD)pumps for the chiller system. City staff has verified that EGI Mechanical Inc. still maintains the low bid among all bidders with the inclusion of their respective alternate 1 bids. The amended bid tab is attached. ANALYSIS Since these pumps are projected to improve energy efficiency of this system by 20%, and since the original bid award did not include the cost for these pumps, City staff is recommending the original bid award to EGI Mechanical be amended to include their alternate 1 bid as per the attached bid tab. FISCAL IMPACT The fiscal impact of the original bid award was $179,616. Adding EGI Mechanical Inc.'s alternate 1 bid ($6,935) to this original award will amend this award to $186,551. This project will be funded from the Roofing/HVAC Improvements project (A/N #: 323-0130-7204-06237) listed in the 2012 CIP Property Improvement Fund. RECOMMENDATION Purchasing recommends amending the April 24,2012 Common Council award of this bid to EGI Mechanical Inc. for $179,616 to include alternate 1 bid ($6,935) for an amended total bid of $186,551. Respectfully Submitted, Approved: Ve(aL --7(el Jon Urben,General Services Bureau Manager Mark Rohloff,City Manager 0 BID TABULATION CHILLER REPLACEMENT-OSHKOSH CONVENTION CENTER BIDS OPENED APRIL 13,2012 NAMES OF BIDDERS BID ADDENDUM BID BOND COI QUALIFICATION 1 FORM Hurckman Mechanical Industries Inc 1450 Velp Ave $190,521.00 X X X X PO Box 10977 Green Bay WI 54307-0977 EGI Mechanical Inc 1000 East Pearl St $186,551.00 X X X X PO Box 65 Seymour WI 54165 Gartman Mechanical 520 W South Park Ave $207,650.00 X X X X Oshkosh WI 54902