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HomeMy WebLinkAboutMechanical Technologies & Oshkosh/ Hot Water Boiler re , CONTRACTOR AGREEMENT- HOT WATER BOILER REPLACEMENT FOR WASTEWATER TREATMENT PLANT THIS AGREEMENT, made on the 15TH DAY OF JUNE, 2016, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and MECHANICAL TECHNOLOGIES INC, 701 MORLEY ROAD, 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 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 1. PROJECT MANAGER A. Assignment of Project Manager, The Contractor shall assign the following individual to manage the project described in this contract: (STEVE PETERSON V.P., MECHANCIAL TECHNOLOGIES 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: (JAN BRANDENBURG, WASTEWATER MAINT SUPERVISOR, CITY OF OSHKOSH) ARTICLE III. SCOPE OF WORK The Contractor shall provide services described in the proposal dated MAY 14, 2016 (THIS ATTACHED AS EXHIBIT A) The Contractor may provide additional products and/or services if such products/services are requested in writing by the Authorized Representative of the City. 1 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 JULY 29, 2016. ARTICLE VI. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $22,440.00 TWENTY TWO THOUSAND FOUR HUNDRED FORTY DOLLARS and 001100) 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 Vil. 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) 2 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. (THIS ATTACHED AS EXHIBIT B) If applicable, 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 of: CONTRACTO ICON ULTANT Nraa� By: (Sea[ of Contractor (Specify Title if a Corporation.) By. (Spe6i y Title) CITY OF OSHKOSH ! By: fitness) Man�aqer Mark A. Rohloff, Cit And: ( Wtne s) Pamela R. Ubrig, City lerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue drCl t�y A for y under this contract. City Comptroller 4 EXHIBIT A 5 CITY OF OSHKOSH BID PROPOSAL FORM HOT WATER BOILER REPLACEMENT: WASTEWATER TREATMENT€ LANT E From: (bidder's company name) BIC] PROPOSAL DEADLINE., WEDNESDAY,JUNE 1, 2016 @ 10:00 A.M. Addenda: Receipt of Addenda numbered 0 of 0 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 work Indicated described In the project specifications 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: Provide and install loot water boiler per bid specifications. TOTAL BID: $.2 2r Y`f d r u .00 u.r r rf J �(Bid Price--In Words) Warranty Details: Delivery In 2- 1 days after receipt of order Terms: Q CGL41 ;f Contract Time: If this bid Is accepted, we will complete the work by: (date) SIGNATURES Date: Dame of Company: I L41ter Submitted by: (name/title) -L,�� , rte. �N'—�Emall: s� o i` 4J 7,e4tz Address of Company; _la 00 RtzG/k d A Phone: 9,L2 -�1_gl-S9Gy That I have examined and carefully prepared this Proposal from the Plans and SpecIncations and have checked the same in detail before submitting this Proposal; that I have full authority to make such statements d s m s Proposal In (its) (their) behalf, and that said statements are true and correct. Signature Title 15 EXHIBIT B 6 Ly- tt b 6 A DATE(},1},VoOm7YJ CERTIFICATE OF LIABILITY [INSURANCE 06/0912016 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, It the certificate holder is an ADDITIONAL INSURED,the policy(les)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 CONTACT FEDERATED MUTUAL INSURANCE COMPANY NAM : CLIE T C TCN E HOME OFFICE: P.O.BOX 328 PHONE Arc No Ext):888-333 4949 Arc Ho-507 446 4664 OWATONNA,MN 55060 1.},TAIL ADDRESS:CLIENTCONTACTCENTER FEDINS,COM 212A NSVR£RS AFFOROINGCOVERAGE NAIC# FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED I 351-251-4 EDERATED SERVICE INSURANCE COMPANY 28304M T I MECHANICAL TECHNOLOGIES INCPO BOX 12176 GREEN BAY,WI 54307 COVERAGES CERTIFICATE NUMBER;150 REVISION NUMBER:1 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 ANTI Y CONTRACT OR OTHER DOCUMENT WITH RESPECT O WH 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, 1(75R ADDL SUER UTR TYPE OF INSURANCE INS VAfD POLICY NUMBER r,POLIICY EFF P,7�1LIC DDIYEX Y LIk11Tb X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,OOD,OOD CLAlM5•MADE n OCCUR DAMAGE EMISS TO RENTED ENTEonce 5100,000 MED EXP(Anyone person) EXCLUDED A Y N 9229405 09/1112015 09/11/2016 PERSONAL&ADV INJURY 0EN LIAGGREGATE LIMITAPPLIES PER: $1,ODO,ODD POGCY PRO' GENERAL AGGREGATE $2,DOD,000 JECT ❑LOC OTHER; PRODUCTS-GOMPlOP AGO $2,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIM€i X ANY AUTO Eaaccacela $1,000,000 ALL OWNED SCHEDULED BODILY INJURY(Per person) A AUTOS AUTOS Y N 9229405 09/11/2015 09/11/2016 BODILYINJURY(PeraccldenQ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE Per accide - X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $10,000,000 A EXCESS LIAR CLAVMS•MADE Y N 9229406 09/11/2015 09/11/2016 AGGREGATE PED RETENTION $10,000,000 WORKERS COMPENSATION AND"P"LOYERS'LIABILITY X PER STATUTE OTH- Y/N ER ANY pROPRIETORIPARTNERIEXECUTIVE E,L,EACH ACCIDENT B OFFICERIMEMBER EXCLUDED} NIA N 9229407 09/11/2015 09/11/2016 $1,000,000 (Mantyes,deoryscribe In under - E.L.DISEASE-EA EMPLOYEE $1,000,000 ITyes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE•POLICY LIMIT $1 OOD DESCRIPTION OF OPERATIONS I LOCATIONS I VEH€OLES(AT1ach ACORD 101,AddlUonal Remarks Schedule,If more space Is required) SEE ATTALCHED PAGE CERTIFICATE HOLDER CANCELLATION 351-2514 1501 CITY OF OSHKOSH C/O CITY CLERK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 1130 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Ili OSHKOSH,Wl 54903-1130 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ct7� ® 1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 351-251 4 LOC : A`ORO® ADDITIONAL REMARKS SCHEDULE Page Of FERTIFICATE ATED MUTUAL INSURANCE COMPANY NAMED INSURED M T I MECHANICAL TECHNOLOGIES INC LAVER PO BOX 12176 ##150.1 GREEN BAY,WI 54307 CARRIER 14A4C CODE SEE CERTIFICATE##150.1 EFFECTIVE DATE; SEE CERTIFICATE##150.1 ADDITIONAL REMARKS fTHECERTIFICATE DDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, NUMBER' 25 FORM TITLE: ER F C E OF L B I SU A CE ERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, S OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FORL LIABILITY.RTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT EMENT FOR BUSINESS AUTO LIABILITY. ASONS OTHER THAN HON-PAYMENT OF PREMIUM, 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATEHOLDER IN THE THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. L LIABILITY COVERAGE CONTAINS CG 25 03 DESIGNATED CONSTRUCTION GENERAL AGGREGATE LIMIT ENDORSEMENT ABLE TO EACH CONSTRUCTION PROJECT AS REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT. RE: HOT WATER BOILER REPLACEMENT WASTEWATER TREATMENT PLANT ACORD 101 (2008/01) O 2008 ACORD CORPORATION.All rights reserved, The ACORD name and logo are registered marks of ACORD A DATdIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 07/1 07/19f1016 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(les)must he endorsed. If SUBROOATION 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 CONTACT FEDERATED MUTUAL INSURANCE COMPANY PHONAME: CLI CONTACT CENTER HOME OFFICE: P.O.BOX 328 AICNNo Ext).888-333-4949 AIc No);507-446-4664 OWATONNA, MN 55060 AIL ADDRESS:CLIENTCONTACTCENTER(aFEDINS.COM INSURERIS)AFFORDING COVERAGE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 351-251-4 INSURERS:FEDERATED SERVICE INSURANCE COMPANY 28304 M T I MECHANICAL TECHNOLOGIES INC INSURER C. PO BOX 12176 GREEN BAY,WI 54307 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:150 REVISION NUMBER:0 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. INSR ADDLTYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS SUER LTR INSR WVD MMIDGIYYYY MMtDDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MAGE ❑X PREMISES Eaa occurrence) ence OCCUR DAMAGE TO $1001000 cc MED EXP(Any one person) EXCLUDED A Y N 9229405 09/11/2016 09/11/2017 PERSONAL&ADV INJURY $1,000,000 O£N'L AGGREOATE LIMIT APPLIES PER: GENERAL AOOREOATE $2,000,400 POLICY JECT LOC � PRonucrs-caMPIOP Acc $2,000,040 HOTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,444,004 Ea ac e X ANY AUTO BODILY INJURY(Per person) A UTOS IED AUTOSULED Y N 9229405 09/11/2016 09/11/2017 BODILY INJURY(Per accident) HIRED AUTOS AED PROPERTY DAMAGE AUUTOS TOS Per accident X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $10,004,000 A EXCESS LIAE CLAIMS-h1ADE Y N 9229406 09/11/2016 09/11/2017 AOOREGATE $10,000,000 DED I I RETENTION WORKERS COMPENSATION OTH11 - AND EMPLOYERS'LIABILITY YIN X PER STATUTE £R ANY PROPRIETORIPARTNERIEXECUTWE E.L.EACH ACCIDENT $1 DDO QQQ B OFFICERIMEMBER EXCLUDED? NIA N 9229407 09/11/2016 09/11/2017 E.L.DISEASE-EA EMPLOYEE (Mandatary In NH) 1,004,000 U yes,describe under E.L DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIO14S I VEHICLES(Attach ACORD 10f,Additional Remarks Schedule,if more space Is required) SEE ATTACHED PAGE CERTIFICATE HOLDER CANCELLATION 351-251-4 150 0 CITY OF OSHKOSH C/O CITY CLERK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE PO BOX 1130 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN OSHKOSH,WI 54903-1130 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Q 1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 351-251-4 LOC#: ACORO) 11`. � ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMEDINSURED FEDERATED MUTUAL INSURANCE COMPANY M T I MECHANICAL TECHNOLOGIES INC POLICY NUMBER PO BOX 12176 SEE CERTIFICATE#150.0 GREEN BAY,WI 54307 CARRIER NAIC CODE SEE CERTIFICATE#150.0 EFFECTIVE DAZE:SEE CERTIFICATE#150.0 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OE LIABILITY INSURANCE THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSORS OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESS AUTO LIABILITY. FOR REASONS OTHER THAN NON-PAYMENT OF PREMIUM, 30 DAYS NOTICE WILL BE PROVIDED TO THE CERTIFICATEHOLDER IN THE EVENT THAT THE ISSUING COMPANY CANCELS THE POLICY BEFORE THE EXPIRATION DATE OF THE POLICY. GENERAL LIABILITY COVERAGE CONTAINS CG 25 03 DESIGNATED CONSTRUCTION GENERAL AGGREGATE LIMIT ENDORSEMENT APPLICABLE TO EACH CONSTRUCTION PROJECT AS REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT. RE: HOT WATER BOILER REPLACEMENT WASTEWATER TREATMENT PLANT ACORD 101 (2008/01) © 2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD