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HomeMy WebLinkAboutConvention Center 40 Ton Chiller ReplacementORIGINAL CONTRACTOR AGREEMENT: 1304c�, OSHKOSH CONVENTION CENTER 40 TON CHILLER REPLACEMENT CITY OF OSHKOSH THIS AGREEMENT, made on the 23RD day of November 2016, 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 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 1. 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: 1. Proposal Solicitation 2. This Instrument 3. 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 11. PROTECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Jody Gonges, Estimator, 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 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 OSHKOSH CONVENTION CENTER 40 TON CHILLER REPLACEMENT dated October 8, 2016, 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 June 1, 2017. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of $119,697.00, 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 VIII. 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 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 IX. 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 X. 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: (Sea] of Contractor if a Corporation.) APPROVED: 4A V ty Attor CONWOR /CO ULTANT By:� �o CZ:N4 r LASER (Specify Title) (Specify Title) CITY OF OSHKOSH By:/'�/�--✓firf�.��' Mark A. Rohloff, City Manager .._........ And: Pamela R. Uhrig, City Clerk I hereby certify that the necess- ary provisions have been made to pay the liability which will accrue under this contract. �f�Xlc C -LA y-1 City Comptroller CITY OF OSHKOSH BID PROPOSAL FORM OSHKOSH CONVENTION CENTER: 40 TON CHILLER REPLACEMENT Page 1 of 2 From: F— cPT M EGN-4N 1 C 4L b Nc(bidder's company name) BID PROPOSAL DEADLINE: TUESDAY, NOVEMBER 8, 2016 @ 10:00 A.M. Date: III 8 I ice Addenda: Receipt of Addenda numbered oo i1 of 001 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): BASE BID: HC must perform work to remove the existing 40 ton Roof Top Chiller and replace in the same location a new variable speed Chiller. This will require the HC to hire sub contractors to perform this work. Additional work will be the replacement of the existing chiller's electrical disconnect box. Indoor work will require the HC to replace all chiller pipe fittings at each of the five designated AHUs. This work will require the installation of new shutoff valves, balancing valves and P/T ports for maintenance and flow balancing. Once the new pipe and fittings are in place the HC must reinsulate the new sections of piping. From a pumping standpoint, the HC will remove the chillers existing single speed pump and replace it with two new VFD pumps. The HC must remove existing water and antifreeze mixture and store it in barrels for later use. Once empty the piping sytem must have a chemical pot added to it, the existing pipes must be chemically cleaned, and when cleaned, the antifreeze mixture can be added back into the system. HC must check antifreeze level, and adjust if lower then 35% by volume. Once the piping system is filled, the HC must add new chemicals to protect the piping systems future health. Control wise, the TCC must change over all chiller control piping from Pneumatic to Electronic DDC. Last Of all, the TCC must modify the control system by converting the existing economizing controls from Outdoor Temp to Enthalpy. TOTAL BASE BID $- C.ie t4yrrcnnEp N►NE6'JEf,1l TKaVAANtr SR 1AvNDnED IN4nJET-q SEVEN (Base Bid Price — in Words) CITE' OF OSHKOSH BID PROPOSAL FORM OSHKOSH CONVENTION CENTER: 40 TON CHILLER REPLACEMENT Page 2©f2 Warranty Details: s, es c- PRT- SP eC, SIGNATURES Date: i 7 Name of Company: �7G t M ECM -air' C, -4L INC. Submitted by: (name/title) Its -11 PAATmEmail: or eS e 2 ; MFC11.C(5AA Address of Company: 1000 EAST &ADLSP, S E!fn•o,nn W1 Phone: qZO 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 Title JD1103 Ec'F' MA- N'A-G-E 2 19 „E�,vz) 1!5 / r 5 AcoRl7® CERTIFICATE OF LIABILITY INSURANCE �. DATE(MMIDDIYYYY) F,212/2016 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 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 Ansay & Associates, LLC. GB 419 South Washington Street PO Box 22368 NAME JodiTouse PHONE 800-236-8652 FAX 920-437-4179 -t M�o..ExU AnnRF_”,Jodi.Tousey@ansay.com INSURERS AFFORDING COVERAGE I NAIC p Green Bay WI 54305 I INSURER A:Secura Insurance A Mutual Company 122543 INSURED EGIMECH-01 INSURER B: EACH OCCURRENCE 1$1,000,000 EGI Mechanical Inc Joe Pues PO Box 65 -INSURER-C: INSURER D: Seymour WI 54165 INSURER E: I INSURER F; Cr)VFRAt;FS CFRTIFIrATF NIIMRFR- 1836178431 RFVIRIt7N Nt1MRFR 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 INSURANC E IINSD WVDI POLICYNUMBER MMIDIDY IMM/DDYIYYYY I LIMITS A I X I COMMERCIAL GENERAL LIABILITY i Y I CP 3240089 17/112016 7/1/2017 I EACH OCCURRENCE 1$1,000,000 �] CLAIMS -MADE ❑X OCCUR ( DAMAGE T RE PREMISES Eaoccurrence) $100,000 MED EXP (Any one person) S10.000 H' PERSONAL &ADV INJURY 51,000,000 GENERAL AGGREGATE $3,000,000 �GEN'LAGGREGATELIMITAPPLIESPER: POLICY a JE0 LOC PRODUCTS - COMP/OP AGC $3,000,000 1 S OTHER: A AUTOMOBILE LIABILITY Y A3240090 711/2016 7/1/2017 COMBINEDEa accident 151,000,000 BODILY INJURY Per person) S X ANY AUTO ALL AUTOS OWNED SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY AMA S Per accident I IS A UMBRELLA LIAB OCCUR YCU 3240092 71112016 7/1/2017 EACH OCCURRENCE 155,000,000 Hx EXCESS LIAB CLAIMS -MADE AGGREGATE $5,000,000 DED X I RETENTIONS10.000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICERIMEMBER EXCLUDED? (Mandatory in NH) I NIA I WC 3240091 17/1/2016 7/1/2017 X I STATUTE I 1OTH- EACH ACCIDENT 151,000,000 E.L. DISEASE -EA EMPLOYE $1,000,000 I'M t yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE •POLICY LIMIT 151,000,000 A Hired/Rented Equipment( CP 3240069 7/112016 7/1/2017 Limit 225,000 i I � Deductible 500 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required) re: Oshkosh Convention Center 40 ton chiller replacement City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers are included as additional insured on general liability policy (ongoing & completed operations) by endorsement ILE1037 City of Oshkosh PO Box 1130 Oshkosh WI 549031130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1968-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED WRAP This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM BUSINESSOWNERS LIABILITY COVERAGE FORM 1. Additional Insured When Required by Written Construction Contract A. Operations Performed for an Additional insured Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional Insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional Insured under this provision ends when your operations for that additional insured are completed. B. Limitations The Operations Performed for an Additional Insured coverage is limited as follows: 1. This insurance does not apply to "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. 2. This insurance does not apply to "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 3. The Limits of Insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever is less. These Limits of insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. If other insurance available to you and written by us is applicable to this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. ILE 10 37 Includes copyrighted material of Insurance services Office. with its permission Page 1 of 2 0505 2. Additional Insured When Required by Written Construction Contract — Completed Operations A. Additional Insured -Completed Operations WHO IS INSURED is amended to include as an additional insured any person or organization, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy, but only with respect to "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for that additional: insured and included in the "products - completed operations hazard". B. Limitations The Additional Insured - Completed Operations coverage is limited as follows: 1. A person or organization's status as an insured under Additional Insured - Completed Operations continues only for the period of time required by the written contract or agreement. If no time period is required by the written contract or agreement, a person or organization's status as an additional insured under this endorsement will not apply beyond the lesser of: a. The period of time required by the written contract or agreement; or b. Five years from the completion of "your work" on the project which is the subject of the written contract or agreement. 2. The insurance as provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of "your work" for which a consolidated (wrap-up) insurance program has been provided by the prime contractor -project manager or owner of the construction project in which you are involved. 3. The Limits of Insurance applicable to the additional insured are those specified in the written contract or agreement or in the Declarations for this policy, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. If other insurance available to you and written by us is applicable to this additional insured, the maximum recovery under all coverage forms or policies combined may equal but not exceed the highest applicable limit under any one coverage form or policy providing coverage on either a primary or excess basis. 4. The coverage provided to the additional insured by this endorsement and by paragraph f. of the definition of "insured contract" under DEFINITIONS do not apply to "bodily injury" or "property damage" arising out of the "products -completed operations hazard" unless required by the written contract or agreement. 3. Primary and Noncontributory As respects the coverage provided under this endorsement, Paragraph 4.b. of the Other Insurance Condition is deleted and replaced by the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless the written contract or agreement described in 1. and 2., above specifically requires that this insurance be either primary or primary and noncontributory. 4. Waiver of Transfer of Rights of Recovery Against Others to Us LIABILITY CONDITIONS; Transfer of Rights of Recovery Against Others to Us, is amended by adding the following: We waive any right of recovery we may have to recover we make for all or part of any payment we have made under this Coverage Part arising out of "your work" under a written contract or agreement requiring such waiver with that person or organization. However, our rights may only be waived prior to the "occurrence" for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. 5. Amendment —Aggregate Limits of Insurance (Per Project) The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from the premises owned by you or rented to you. This extension does not apply to the "products -completed operations hazard". ILE 10 37 Includes copyrighted material of Insurance Services Office, with its permission Page 2 of 2 0505