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CONTRACTOR AGREEMENT.•
AHU AND BO/LER HVAC REMODEL: LAKESHORE MUN/C/PAL GOLF COURSE
THIS AGREEMENT, made on the 15T" day of October, 2014, by and between
the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and
GARTMAN MECHANICAL SERVICES INC., 520 W. SOUTH PARK AVENUE,
OSHKOSH, WI 54903, 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. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following
individual to manage the project described in this contract:
(Paul Libardi, Gartman Mechanical Services 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 the services described in the City's September 22,
2014 "Invitation for Bids for AHU and Boiler HVAC Remodel: Lakeshore Municipal
Golf Course" specifications and the Bid Form of the Contractor dated 10/2/14 attached
as Exhibit A. If anything in the Bid Form conflicts with the Bid Specifications, the
provisions in the Bid Specifications shall govern.
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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 completed by November
21 , 2014.
ARTICLE III. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
557,240.00, 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 IV. 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
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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 o� refund.
ARTICLE V. 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 are
identified in the "Invitation for Bids for AHU and Boiler HVAC Remodel: Lakeshore
Municipal Golf Course" dated 9/22/14.
ARTICLE VI. 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.
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In the Presence of: CONTRACTOR /CONSULTANT
B�\ �
< <.
P c.Q �
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
(Specify Title)
CITY OF OSHKOSH
� , ., By: �----- /�a��G---
� - E� � ' �.E � Mark A. ohloff, City Manager
itness) ,___ _ ,
' ` ►
;�" %' 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.
City Attorney
���.�'�, ,�4,'��'1
City Comptroller
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� . �'XN��rl�CI
BID PROPOSAL FORM
AHU &BOILER NVAC REM06EL: LAKESHORE MUNICIPAL GOLF COURSE
From: ���1�+�� Y���{tFrv��L S�J��S (bidder's company name)
BID PROPOSAL DEADLINE: THURSDAY, OCTOBER 2, 2014 @ 10:00 A.M. CST
Addenda: Receipt of Addenda numbered � of N A 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 eonstruction 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.
BASE BID
Demo the existing boiler, first floor fan coil units and outdoor condenser. Install a new smaller
boiler and piping accessories as scheduled and shown on the drawing. Replace the existing
boiler pump with a new smaller boiler pump. Install new single zone RTU and ductwork system
connecting the new RTU to the existing air outlets and returns. Install a 4 zone averaging
thermostat to communicate the space tempering requirements to the RTU. Revise the exhaust
ductwork as shown on print. When complete, the HC must include in their bid the work of a
insulator and balancing contractor for cfm &gpm approval by engineer. HC must include in their
bid the work of an insulator, balancing contractor and coordination with the city electrician.
Coordinate all work with the Golf Course maintenance department.
We, the undersigned, propose to furnish all labor and materials per the project specifications or
noted deviations for the following amount:
Total BASE BID � ��} �O U� D D
�o�� �l Frrfi/ -t�{c�vsrm��, 5!K /f c�►v��,�7 �ot-L.�S
(Bid Price— in Words)
Availability and installation of equipment can be completed by 11/21/14? YES ''�.� NO [ ]
Warranty Details: �ic��1�-Z. 1 �12 �yt-�� �' f,}�� , L�n�rr�� ,��,uuF'�r��5
G���NT�' oFC.� `l����t,�� CD►ry►`�a���TS
Alternate BID -1
Everything in the Base Bid with one exception, Instead of installing a single zone RTU system,
you will install a 4 zone RTU system with Air Pressure Bypass Circuit. This alternate system will
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ailow each of the 4 zones to vary the air flow going to the space by modulating a duct mounted
control dampers that are controlled by the zone thermostat.
We, the undersigned, propose to furnish all I nd materials per the project specifications or
noted deviations for the following amount; ADD or DEDUCT ( circle one ) from Base Bid
price:
ea
Total QLT BID-1 $��fl ,
�I GtfT `Tk���Sf�►�, S lu 1�u����� a- ���-TY J�OL L,,E-t2-S
� (Bid Price—in Words)
Availability and installation of equipment can be completed by li/21/14? YES � NO [ ]
Warranty Details: fN/TI�t-L_ J y� i���5 �- �-z,p� , L�� ► -'� �'�1��v�s�cT��?S
t,uff-►�.► ,�rN'fY ol� `��nL�-5�.� C�r"�`�a►�F�-S
Please include one set of shop drawings of equipment for bid review.
PROPOSED SUBCONRACTOR LIST: -
ELECTRICAL: � �I�
MECHANICAL• �>►� S �/�-�C-�
INSULATOR: �T r'�l S �►'V C �
OTHER: �'�S� �' ��L...`yvL� l�}LC� �,,tL�1Cr�G—
Submittals will be reviewed for general compliance with design concept and contract documents
only. Full compliance with contract documents, Code requirements, dimensions, fit finishes, and
interface with the existing Control System is the Prime contractor's responsibility. Within 7 days
after award of contract, provide required submittals for approval to the HVAC Engineer.
Contractor shall promptly respond to requests for additional information so that delivery and
installation schedules are not delayed. .
QUALITY ASSURANCE—REGULATORY REQUIREMENTS
A. All work shall comply with the applicable code requirements in effect: Including by
not limited to ASME, Division of Safety & Buildings Administrative Codes and other
applicable Building or local codes in efFect as of the contract date.
B. The Contractor shall be fully responsible for obtaining all required approvals,
permits licenses, inspections and certificates for this installation. The Contractor
shall pay all permit fees, inspection fees, certificate fees, and licensing fees.
SAFETY AND HAZARDOUS MATERIALS
A. Contractor shall be solely responsible for initiating, maintaining, and supervising all
safety programs and precautions and shall comply with applicable safety laws, good
industry standards or practices, and take all reasonable precautions for the safety of
their workers, City properly, the Public, or City of Oshkosh employees, guest, or
vendors.
B. The City of Oshkosh retains the authority to approve all chemicals and lubricants
prior to Contractor bringing them on site. The Contractor shall furnish a Material
Safety Data Sheet and proper labeling for each hazardous chemical to be brought
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into the premises in compliance with OSHA Hazard Communication Standards, and
track usage for EPA reporting purposes.
SCHEDULE
A. Work shali be pursued during regular working hours until complete. This work must
be specificaliy authorized by Jon Urben or other authorized representative of the City
of Oshkosh.
B. Ali work schedules shall be submitted and coordinated in advance to the designated
City of Oshkosh representative and Consultant.
INSTALLATION
A. Contractor shall install equipment as outlined in specification drawings.
PRODUCT DELIVERY, SITE ORGANIZATION AND CLEANUP
A. Contractor shall keep work areas orderly and free from debris during the course of
installation and clean up on a daify basis. If areas are not kept clean, the City of
Oshkosh may demand immediate cleanup or clean those areas and deduct cost from
contract.
B. Contractor shall regularly remove trash, materials, cartons, etc. generated by their
work from the premises.
C. Clean outside surface of Repaired and new equipment and adjacent areas of grease,
dirt and other construction debris at the time of Substantial Comp�etion.
TIME OF COMPLETION
We, the undersigned, acknowledge a Substantial Completion date of November 21, 2014.
SIGNATURES
Date: ��`�-( Name of Company: _�jf}'�"(�i'�'I�h'U !'Y1 C��t3��G�t. S�V�S �G�
Submitted by: (name/title) �/��L t-t�D j Email: ��13.��Dt�G��,�+c,r��,•�e�c...,C6r"�
So`ZO t:t�..�u"f f�?�121C #1`!�i_ c
Address of Company: OSH1Gc�5tf, W�, �'�/yp�_phone: ��d "��� "S-s3a
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 an�rre
Signature � Title
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