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HomeMy WebLinkAboutHurckman Mechanical Ind, Inc • \(-)jY\LA) CONTRACTOR AGREEMENT THIS AGREEMENT, made on the 1st day of November, 2012, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Hurckman Mechanical Ind., Inc. 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: (Kevin Vadnais, Hurckman Mechanical Ind., 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 Manager) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the CITY'S Bid Specifications dated October 16, 2012, referred to as the "Invitation for Quotation For City Hall HVAC Alterations", Addendum #1 dated October 28, 2012, and the Contractor's bid form dated October 30, 2012. The Contractor's bid form is attached hereto as Exhibit A. The scope of work will include only Bid 1 A of the bid. If anything in the Contractor's proposal conflicts 1 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 December 31 , 2012. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $8,325, 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 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 2 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 specifications dated October 16, 2012, referred to as the"Invitation for Quotation for City Hall HVAC Alterations", which is 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. In the Presence of: CONTRACTOR /CONSULTANT &-,f/t-e_A By: � (Seal of Contractor (Specify Title) 3 if a Corporation.) By: 40/ 4110. i - / c 1 sue'" Specify Title) CITY OF OSHKOSH By: Q .4 ,; Z ) Z47, �;�2 ', Mark A. ohloff, City Manager (V 'ess) ; j� L, v, -t And:- ., \c-- v (Witness) Pamela R. Ubrig, City Clerk AP'ROVED: I hereby certify that the necess- \'� ary provisions have been made to . ..._. } pay the liability which will accrue It iA k i`t, ' 41 and this contract. ' City Att. ney .0 City Comptroller 4 QUOTE TABULATION HVAC SYSTEM QUOTES OPENED OCTOBER 30, 2012 NAMES OF BIDDERS QUOTE QUOTE COI 1A 1B Hurckman Mechanical Ind Inc 1450 Velp Street $8,325.00 $12,200.00 X PO Box 10977 Green Bay WI 54307-0977 B&P Mechanical Inc PO Box 2002 $19,400.00 $25,300.00 X 3200 W Highview Drive Appleton WI 54912-2002 10/30/2012 09:55 FAX 920 499 3758 HURCKMAN MECH Ij001/003 / / HVAC Bid HURCKMAN MECHANICAL IND.,INC- DATE: 10/30/2012 1450 Yelp Street PROJECT: I P. O.Box 10977 City Hall HVAC Alterations GREEN BAY, WISCONSIN 54307-0977 Oskosh, WI Ph: (920)499-8771 Fax: (920)499-3758 TO: ATTN. Purchasing Department CC: FAX: 920-236-5090 Bid 1A $8,325.00 Bid 1B $12,200.00 Total Bid $20,525.00 Including: Complete HVAC system per plans H-1 to 11-6. Notes: Alternates ADD DEDUCT Addendums: Comments: If you have any questions regarding the bid, feel free to call (920)-327-4251. Thank You! From: Kevin Vadnais 10/30/2012 09:55 FAX 920 499 3758 HURCKMAN MECH fj002/003 QUOTATION PROPOSAL CITY HALL HVAC ALTERATIONS CITY OF OSHKOSH From: H t't oof, -1-'"di"&sn 6Q.$( bidders company name) QUOTATION DEADLINE IS 10:00 AM, TUESDAY, OCTOBER 30, 2012 Mandatory Quotation Submittal Requirements Checklist: [] Quotation Proposal Form [j Certificate of Insurance We, the undersigned, propose to furnish all labor and materials per the project specifications for the following amount: BASE BID 1A: $ 8,3x5'.©O BASE BID 1B: $ I at a00 40 0 Date Submitted: Jo /?0/ 2012 Name of Company: 14•ArCV.In Mc L ca` Submitted by: (name and title) Kev'i rk Vino c, ES` N"r }bC" Email address: kev+nVok ,''S@ kl+2�-►"m+h. CA 61 Address of Company: !4 Co Ve 1 p Ave) Green. ,y1 nth S'1 707 Phone: 9a0" '-199 - 877) --•, HURCK-2 OP ID:JT DATE(MM/DD/YYYY) '�`_°RO- CERTIFICATE OF LIABILITY INSURANCE 11/01/12 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 policy(ies)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 920-437-0587 CONTACT Ansay&Associates-Green Bay 920-437�1T9 PHONE FAX 419 S Washington St IA/C.No.Ex t1: (A/C,No): PO Box 22368 EMAIL Green Bay,WI 54305-2368 ADDRESS: Shannon P VanLaanen INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Integrity Mutual Ins 14303 INSURED • Hurckman Mechanical Industries INSURER B:Acuity,A Mutual Ins Co 14184 PO Box 10977 Green Bay,WI 54307 INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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. ILTR TYPE OF INSURANCE JN RL Wyp POUCY NUMBER (MM/DD//YYYY) (MM/DD/YYYY) LIMITS GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY CPP2001264 10/01/12 10/01/13 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1.000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: - PRODUCTS-COMP/OP AGG $ 2,000,000 -1 POLICY X PE 0. LOC $ AUTOMOBILE LIABILITY (Ea accidenntSINGLE LIMIT $ 1,000,000 A X ANY AUTO CA2001266 10/01/12 10/01/13 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-0WNED (Per PROPERTY DAMAGE $ AUTOS $ X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LIAR CLAIMS-MADE CUP2001267 10/01/12 10/01/13 AGGREGATE $ 10,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION WC - OTH- AND EMPLOYERS'LIABIUTY X TORY STATU LIMITS °R B ANY PROPRIETOR/PARTNER/EXECUTIVE I N N/A X52121 10/01/12 10/01/13 E.L.EACH ACCIDENT $ 100,000 (Mandatory In H)EXCLUDED? USL&H INCLUDED E.L.DISEASE-EA EMPLOYEE $ 100,000 (Mandatary in NH) It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 A Hired/Rented Equip CPP2001264 10/01/12 10/01/13 Limit 100,000 Ded 500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are included as additional insureds on general liability by endorsement EK1054 6/11 CERTIFICATE HOLDER CANCELLATION CIOSOSI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Oshkosh ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 1130 Oshkosh,WI 54903-1130 AUTHORIZED REPRESENTATIVE ' /aC(A/mow I ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Best's Credit Rating Center- Company Information for Integrity Mutual Insurance Comp... 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