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HomeMy WebLinkAboutHastings Air-Energy Control RECEIVED ORIGINAL JAN 10 2019 City of 11111111.' 13��5 CITY CLERK'S OFFICE Jshkosh CONTRACTOR AGREEMENT: INSTALLATION OF PLYMOVENT EXHAUST SYSTEM COMPONENT REPLACEMENTS FOR OSHKOSH FIRE DEPARTMENT CITY OF OSHKOSH THIS AGREEMENT, made on the 13th day of DECEMBER, 2018, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and HASTINGS AIR-ENERGY CONTROL,INC.5555 S. WESTRIDGE DRIVE, NEW BERLIN,WI,53151-7900,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. 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. This Instrument 2. 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 II. PROJECT MANAGER A. Assignment of Project Manager. The Contractor shall assign the following individual to manage the project described in this contract: (Dean Havnen,Hastings Air-Energy Control 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. City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1130 http://www.ci.oshkosh.wi.us ARTICLE III. CITY REPRESENTATIVE The City shall assign the following individual to manage the project described in this contract: (MIKE STANLEY,OSHKOSH FIRE CHIEF) ARTICLE IV. SCOPE OF WORK The Contractor shall provide the services described in the CONTRACTOR'S PROPOSAL dated October 31, 2018, attached as Exhibit A, in addition to the email confirmation dated December 7, 2018, attached as Exhibit B. 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 March 1,2019. Any changes to this completion date must be agreed upon by both parties in writing. ARTICLE VII. PAYMENT A. The Contract Sum. The City shall pay to the Contractor for the performance of the contract the sum of$28,161.58 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, attorney fees and punitive damages which the City may be obliged or ad- judged 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. In the Presence of: CONTRACTOR/CONSULTANT nn Eie.X1 G f 0 RA Cr" By: i/�2 t'c (Seal of Contractor (Specify Title) if a Corporation.) By: (Specify Title) • CITY OF OSHKOSH By: w-- - A-4AAC:44) 4, Mark A. ohloff, City Manager (Witness) 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. orney City Comptroller Page 1 of 5 T ' 6 S P:800.236.8450/262.364.0500 air energy ting controlcreaser, Inc.workplace F:800.260.91991262.364.0550 www.hastingsair.com crea a Regionally Serving Illinois I Indiana I Iowa 1 Kentucky I Michigan I Minnesota I Missouri I North and South Dakota I Ohio I Wisconsin Ship To: Oshkosh Fire Dept. #15 (Main) Date: 10/31/2018 101 Court Street 101 Court Street Sales Person: Dean Havnen Quote: QUO-35295-L9R7V9 Expires: 1/31/2019 Oshkosh,WI 54901 Oshkosh, WI 54901 Quote Per Request Quote to provide and install the Plymovent magnetic components in the six Oshkosh fire stations. The system components will be installed by Hastings service technicians. The mounting of the tailpipe conversion kits on the Med units to be by owner. Page 2 of 5 A S T I N 6 S P:800.236.8450/262.364.0500 air energy control, inc. F:800.260.9199t262.364.0550 www.hastingsair.com creating a creaner workplace Regionally Serving Illinois I Indiana Iowa I Kentucky I Michigan I Minnesota I Missouri I North and South Dakota I Ohio I Wisconsin Ship To: Oshkosh Fire Dept. #15 (Main) Date: 10/31/2018 101 Court Street 101 Court Street Sales Person: Dean Havnen Quote: QUO-35295-L9R7V9 Expires: 1/31/2019 Oshkosh, WI 54901 Oshkosh, WI 54901 Part# Description Qty #15 VE-XX-MH410 SBTA. STRA.VSRX MID HOSE PACK 4"ST HOSE X 10' INCLUDES 1.0 HOSE&CLAMPS VE-SBTA-MG- SBT LOWER HOSE PACK-MAGNETIC BLACK ARMOUR. 3" MG BA, 1.0 LH3435HTBA 4" HT HOSE,3.5"TPA-INCLUDES: MG BA ASSEMBLY. LOWER HOSE,SAFETY DISCONNECT HANDLE (SDCH), CONICAL TAILPIPE ADAPTER(TPA), BALANCER LOCKING CABLE(BLC) &CLAMPS _ FX-UH-4X15 4"X 15'ST Upper Replacement Hose 1.0 CONVERSION KITS FORD F-SERIES,VEHICLE MODEL F250-F550 FLEET KIT(ANGLED 1.0 LOUVERED PIPE, 3.5" NO STOP PLATE) VE-SBTA-MG- SBT LOWER HOSE PACK-MAGNETIC BLACK ARMOUR. 5" MG BA, 1.0 LH545HTBA 4" HT HOSE, 5"TPA- INCLUDES: MG BA ASSEMBLY. LOWER HOSE,SAFETY DISCONNECT HANDLE(SDCH), CONICAL TAILPIPE ADAPTER(TPA), BALANCER LOCKING CABLE(BLC)&CLAMPS DAMP-068 Damper, Backdraft,4" BDD/One per drop 1.0 SADL-018 4"90 deg Elbow Metal Saddle 2.0 VE-STRA-MG- STR LOWER HOSE PACK-MAGNETIC BLACK ARMOUR. 3" MG BA, 1.0 LH3435HTBA 4" HT HOSE,3.5"TPA- INCLUDES: MG BA ASSEMBLY. LOWER HOSE,SAFETY DISCONNECT HANDLE(SUCH), CONICAL TAILPIPE ADAPTER(TPA), BALANCER LOCKING CABLE(BLC)&CLAMPS CONVERSION KITS GM C4500 C5500 FLEET CONVERSION PIPE (3.5" LOUVERED PIPE, 1.0 NO STOP PLATE) CRAB-028 4" Internal Crab Assembly 1.0 #14 VE-SBTA-MG- SBT LOWER HOSE PACK-MAGNETIC BLACK ARMOUR. 5" MG BA, 1.0 LH547HTBA 4" HT HOSE,7"TPA-INCLUDES: MG BA ASSEMBLY. LOWER HOSE,SAFETY DISCONNECT HANDLE(SDCH),CONICAL TAILPIPE ADAPTER(TPA), BALANCER LOCKING CABLE(BLC)&CLAMPS #16 Page 3 of 5 H A S T I N G S P:800.236.8450/262.364.0500 c7 r energy C 0 n t r 0 1 i n c. F:800.260.9199/262.364.0550 creating a cleane,r workplace www.hastingsair.com Regionally Serving Illinois I Indiana I Iowa I Kentucky I Michigan I Minnesota I Missouri I North and South Dakota I Ohio I Wisconsin VE-XX-MH410 SBTA.STRA.VSRX MID HOSE PACK 4"ST HOSE X 10' INCLUDES 1.0 HOSE&CLAMPS VE-SBTA-MG- SBT LOWER HOSE PACK-MAGNETIC BLACK ARMOUR. 3" MG BA, 2.0 LH3435HTBA 4" HT HOSE,3.5"TPA-INCLUDES: MG BA ASSEMBLY. LOWER HOSE,SAFETY DISCONNECT HANDLE(SDCH),CONICAL TAILPIPE ADAPTER(TPA), BALANCER LOCKING CABLE(BLC)&CLAMPS VE-SBTA-MG- SBT LOWER HOSE PACK-MAGNETIC BLACK ARMOUR. 5" MG BA, 1.0 LH547HTBA 4" HT HOSE,7"TPA-INCLUDES: MG BA ASSEMBLY. LOWER HOSE,SAFETY DISCONNECT HANDLE(SDCH),CONICAL TAILPIPE ADAPTER(TPA), BALANCER LOCKING CABLE(BLC)&CLAMPS DAMP-068 Damper, Backdraft,4"BDD/One per drop 1.0 FX-UH-4X15 4"X 15'ST Upper Replacement Hose 1.0 SADL-018 4"90 deg Elbow Metal Saddle 1.0 CONVERSION KITS FORD F-SERIES,VEHICLE MODEL F250-F550 FLEET KIT(ANGLED 1.0 LOUVERED PIPE,3.5" NO STOP PLATE) #17 VE-SBTA-MG- SBT LOWER HOSE PACK-MAGNETIC BLACK ARMOUR. 3" MG BA, 1.0 LH3435HTBA 4" HT HOSE, 3.5"TPA-INCLUDES: MG BA ASSEMBLY. LOWER HOSE,SAFETY DISCONNECT HANDLE(SDCH), CONICAL TAILPIPE ADAPTER(TPA), BALANCER LOCKING CABLE(BLC)&CLAMPS ADAP-134 TAILPIPE ADAPTER 3.5" FOR MG 3" 1.0 CONVERSION KITS FORD F-SERIES,VEHICLE MODEL F250-F550 FLEET KIT(ANGLED 1.0 LOUVERED PIPE,3.5" NO STOP PLATE) CONVERSION KITS GM C4500 C5500 FLEET CONVERSION PIPE (3.5" LOUVERED PIPE, 1.0 NO STOP PLATE) #18 VE-SBTA-MG- SBT LOWER HOSE PACK-MAGNETIC BLACK ARMOUR. 3" MG BA, 1.0 LH3435HTBA 4" HT HOSE, 3.5"TPA-INCLUDES: MG BA ASSEMBLY. LOWER HOSE,SAFETY DISCONNECT HANDLE(SDCH),CONICAL TAILPIPE ADAPTER(TPA), BALANCER LOCKING CABLE(BLC)&CLAMPS VE-SBTA-MG- SBT LOWER HOSE PACK-MAGNETIC BLACK ARMOUR. 5" MG BA, 1.0 LH547HTBA 4" HT HOSE,7"TPA- INCLUDES: MG BA ASSEMBLY. LOWER HOSE,SAFETY DISCONNECT HANDLE(SDCH),CONICAL TAILPIPE ADAPTER(TPA), BALANCER LOCKING CABLE(BLC) &CLAMPS CONVERSION KITS GM C4500 C5500 FLEET CONVERSION PIPE (3.5" LOUVERED PIPE, 1.0 NO STOP PLATE) #19 VE-SBTA-MG- SBT LOWER HOSE PACK-MAGNETIC BLACK ARMOUR. 3" MG BA, 1.0 LH3435HTBA 4" HT HOSE,3.5"TPA-INCLUDES: MG BA ASSEMBLY. LOWER Page 4 of 5 C( H A S T I N G S P:800.236.8450/262.364.0500 air energy control, inc. F:800.260.9199/262.364.0550 www.hastingsair.com creating a cleaner workplace Regionally Serving Illinois I Indiana I Iowa I Kentucky l Michigan l Minnesota I Missouri I North and South Dakota I Ohio I Wisconsin HOSE,SAFETY DISCONNECT HANDLE(SDCH),CONICAL TAILPIPE ADAPTER(TPA), BALANCER LOCKING CABLE(BLC)&CLAMPS VE-SBTA-MG- SBT LOWER HOSE PACK-MAGNETIC BLACK ARMOUR. 5" MG BA, ' 1.0 LH545HTBA 4" HT HOSE, 5"TPA-INCLUDES: MG BA ASSEMBLY. LOWER HOSE,SAFETY DISCONNECT HANDLE(SDCH),CONICAL TAILPIPE ADAPTER(TPA), BALANCER LOCKING CABLE(BLC)&CLAMPS DAMP-068 Damper, Backdraft,4" BDD/One per drop 2.0 SADL-018 4"90 deg Elbow Metal Saddle 2.0 CONVERSION KITS GM C4500 C5500 Fleet Conversion Pipe (Louvered Pipe,3.5" no 1.0 Stop Plate) LB-MGH Labor to install components 1.0 FRT Freight 1 1.0 $28,161.58 NOTE:Shipping and Tax are NOT INCLUDED. I have read the terms page,a single,separate page from the pricing, and I accept the terms and conditions of this quotation. Signed: Name: Title: Terms: Prepay-3%Discount Net 30 Days from Shipment Visa/Mastercard/Discover Purchase Order# Please remit to: Thank you for considering Hastings. Hastings Air-Energy Control,Inc. 5555 S.Westridge Drive New Berlin,WI 53151-7900 Page 5 of 5 (11D C H A S T I II G S P:800.236.8450/262.364.0500 8'� energy contra . InC. F:800.260.9199J262.364.0550 creating a cleaner workplace www.hastingsair.com Regionally Serving Illinois I Indiana I Iowa I Kentucky j Michigan I Minnesota I Missouri I North and South Dakota I Ohio I Wisconsin TERMS: Freight for equipment is FOB destination.Hastings will deliver with our truck.Future parts or filter orders will ship prepaid and add. Normal delivery is 6 to 8 weeks after receipt of confirming purchase order or prepayment check. Warranty is per manufacturer specifications.Contact representative for more details. Payment terms are 3% discount for prepayment with order, or net 30 from date of start up. Payment terms discount(3%)does not apply if the payment is made with a credit card.A I%%per month finance charge will be assessed on all invoice balances outstanding past 30 days. Price does not include sales tax. Please provide municipality's tax exemption certificate. ©2017 Hastings Air Energy Control, Inc. All rights reserved. Use of this Hastings Air Energy Control document and the information herein is expressly limited to the purpose for which it was provided. • Urben, Jon From: Dean Havnen <deanhavnen@HastingsAirEnergy.com> Sent: Friday, December 07, 2018 9:03 AM To: Urben, Jon Cc: Magrady, Holly; Stanley, Mike; Bending, Brian; Mike Bohrer Subject: RE: City of Oshkosh Fire Department Proposal- Plymovent Exhaust System Component Replacements Attachments: 18-19 COI - City of Oshkosh.pdf; Exclusivity_Letter_Hastings_Wisconsin.pdf Jon: please see attached COI & letter from manufacture stating we are the only distributor for WI. The answers to your questions below Thanks Dean Original Message From: Urben,Jon [mailto:jurben@ci.oshkosh.wi.us] Sent:Tuesday, December 4, 2018 7:47 AM To: Dean Havnen <deanhavnen@HastingsAirEnergy.com> Cc: Magrady, Holly<hmagrady@ci.oshkosh.wi.us>; Stanley, Mike <MStanley@ci.oshkosh.wi.us>; Bending, Brian <bbending@ci.oshkosh.wi.us> Subject: City of Oshkosh Fire Department Proposal- Plymovent Exhaust System Component Replacements Hi Dean. Chief Mike Stanley provided me your proposal to replace various components on the Plymovent exhaust systems in our six firehouses. So as to expedite this purchase we have some follow up issues I'm hoping you can confirm/provide ASAP: It's my understanding your proposal includes all materials, labor and FOB. Please confirm there are no other costs from Hastings associated with this project. ***CORRECT NO OTHER COST-SCOPE NOTED ON PAGE ONE (1) OF PROPOSAL Can you confirm your warranty terms. ***WARRANTY OF THE UPGRADED/ REPLACMENT PARTS IS ONE (1)YEAR Our tax exemption certificate is attached. We will need an insurance certificate from Hastings for this project. Our insurance requirements are attached. My recommendation is to have your insurance carrier review the certificate sample attached as a template,to ensure all boxes and language are noted as requested. ***COI ATTACHED Finally, attached is a sample contract template we will be executing as part of this project, as a reference for you. Contracts may be coming to you sooner, in anticipation that the Council will approve this purchase at their 12/11/18 meeting. Please let me know any questions. Thanks Dean. Jon G. Urben, CPPO, FMP Manager, General Services Division City of Oshkosh 1