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HomeMy WebLinkAboutVeolia_Wtr_Tech_Agreement_9-9-21I:\Engineering\2021 - 2030 Contracts\2021 CONTRACTS\Jacobs Final Phosphorus Comp Alternatives Plan\Pilot Testing\Veolia Wtr Tech\Veolia Wtr Tech Agreement_9-9-21.docx Page 1 of 8 CONTRACTOR AGREEMENT This AGREEMENT, made on the _____ day of __________, 2021, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and VEOLIA WATER TECHNOLOGIES, 4001 Weston Parkway, Cary, NC 27513, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, enter into the following AGREEMENT for TERITARY TREATMENT PILOT TESTING FOR THE FINAL PHOSPHORUS COMPLIANCE ALTERNATIVES PLAN (PROJECT). 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 AGREEMENT This AGREEMENT consists of the following component parts, all of which are as fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto attached: 1. This Instrument 2. Filter Pilot Scope of Work dated August 11, 2021 and attached hereto as Attachment 1 3. CONTRACTOR’s Proposal dated May 24, 2021 and attached hereto as Attachment 2 4. CONTRACTOR’s Certificate of Insurance dated September 3, 2021 and attached hereto as Attachment 3 Except as otherwise provided herein, in the event any provision in any of the above component parts of this AGREEMENT 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 AGREEMENT: Drew Bostian – Pilot Group Manager, Kruger DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC 14th September I:\Engineering\2021 - 2030 Contracts\2021 CONTRACTS\Jacobs Final Phosphorus Comp Alternatives Plan\Pilot Testing\Veolia Wtr Tech\Veolia Wtr Tech Agreement_9-9-21.docx Page 2 of 8 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 AGREEMENT: Steven M. Gohde, P.E. – Assistant Director of Public Works / Utilities General Manager ARTICLE IV. SCOPE OF WORK The CONTRACTOR shall provide the services described in the CITY’s Filter Pilot Scope of Work dated August 11, 2021 for the PROJECT, and the CONTRACTOR’s Proposal. If anything in the CONTRACTOR’s Proposal conflicts with the Filter Pilot Scope of Work, the provisions in the Filter Pilot Scope of Work shall govern. The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect CONTRACTOR's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. All changes must be mutually agreed upon in writing by the CITY and the CONTRACTOR. ARTICLE V. CITY RESPONSIBILITES 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. The CITY shall provide all equipment and services listed as being provided by Client in Attachment A of the CONTRACTOR’s Proposal. 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 AGREEMENT shall be commenced and the work completed within the time limits as agreed upon in the CONTRACTOR’s Proposal. DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC I:\Engineering\2021 - 2030 Contracts\2021 CONTRACTS\Jacobs Final Phosphorus Comp Alternatives Plan\Pilot Testing\Veolia Wtr Tech\Veolia Wtr Tech Agreement_9-9-21.docx Page 3 of 8 While the CONTRACTOR has made reasonable efforts to incorporate into their plan for the PROJECT any known current project impacts of the COVID-19 pandemic, the CONTRACTOR has not accounted for, and is not responsible for, unknown future changes due to the COVID-19 pandemic, including, without limitation, additional restrictions by governmental agencies or others (such as the availability of the site for access or the availability of CITY or CONTRACTOR staff or others) to the extent they delay or otherwise impact the PROJECT. In that event, CONTRACTOR will notify CITY and work in good faith to equitably address any unexpected impacts therefrom. ARTICLE VII. PAYMENT A. The Agreement Sum. The CITY shall pay to the CONTRACTOR for the performance of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually agreed upon in writing by the parties hereto:  Lump Sum Not to Exceed $22,500 (Twenty Two Thousand Five Hundred Dollars). B. Method of Payment. The CONTRACTOR shall submit itemized monthly statements for services. The CITY shall pay the CONTRACTOR within thirty (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 the CONTRACTOR a statement as to the reason(s) for withholding payment, but shall pay all undisputed amounts. 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. STANDARD PROVISIONS The CONTRACTOR agrees that, in all hiring or employment made possible by or resulting from this AGREEMENT, there will not be any discrimination against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. ARTICLE IX. 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 to the proportionate extent caused by or resulting from the intentionally wrongful or negligent acts of the CONTRACTOR, his/her assigns, his/her employees, or his/her subcontractors related to the performance of this AGREEMENT or be caused or result from any violation by the CONTRACTOR of any applicable law or administrative regulation, and shall indemnify the CITY for all sums DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC I:\Engineering\2021 - 2030 Contracts\2021 CONTRACTS\Jacobs Final Phosphorus Comp Alternatives Plan\Pilot Testing\Veolia Wtr Tech\Veolia Wtr Tech Agreement_9-9-21.docx Page 4 of 8 including court costs, reasonable attorney fees, and damages which the CITY may be obliged or adjudged to pay on any such claims or demands upon the CITY’s written demand for indemnification or refund for those actions, claim, and demands caused by or resulting from intentional or negligent acts as specified in this Paragraph. ARTICLE X. INSURANCE Except as provided hereunder, the CONTRACTOR agrees to abide by the City of Oshkosh Insurance Requirements attached hereto as Attachment 4: A. The Parties agree to delete the word “minimum” in Insurance Requirements for Contractor – Liability and Bonds, Sections 1(A), 1(B), and 1(D). In Section 1(D), the Parties also agree to delete the phrase “and a maximum self-insured retention of $10,000”. B. In Section 3(B) of Applicable to Contractors/Subcontractors/Sub- Subcontractors, the Parties agree to change the words “named as additional insureds” to “included as additional insureds”. The Parties also agree to add the following sentence at the end of this subsection: “Additional insured status may be provided through broad form language on these endorsements.” ARTICLE XI. 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 work completed under this AGREEMENT. B. For Convenience. The CITY may terminate this AGREEMENT at any time by giving written notice to the CONTRACTOR no later than ten (10) calendar days before the termination date. If the CITY terminates under this Paragraph, then the CONTRACTOR shall be entitled to compensation for any work performed to the date of termination. C. 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. DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC I:\Engineering\2021 - 2030 Contracts\2021 CONTRACTS\Jacobs Final Phosphorus Comp Alternatives Plan\Pilot Testing\Veolia Wtr Tech\Veolia Wtr Tech Agreement_9-9-21.docx Page 5 of 8 ARTICLE XII. SUSPENSION, DELAY, OR INTERRUPTION OF WORK The CITY may suspend, delay, or interrupt the services of the CONTRACTOR for the convenience of the CITY. In such event, the CONTRACTOR's agreement price and schedule shall be equitably adjusted. If such suspension, delay, or interruption lasts longer than ninety (90) days, the CONTRACTOR may elect to terminate this AGREEMENT by giving the CITY seven (7) days written notice. The CONTRACTOR shall be entitled to compensation for any work performed to the date of termination. ARTICLE XIII. NO THIRD-PARTY BENEFICIARIES This AGREEMENT gives no rights or benefits to anyone other than the CITY and the CONTRACTOR and has no third-party beneficiaries. ARTICLE XIV. CONFIDENTIALITY AND WISCONSIN PUBLIC RECORD LAW Notwithstanding any other term of this AGREEMENT or any term referenced in the documents attached to this AGREEMENT, whether identified before or after this Paragraph: A. The CITY is statutorily required to comply with Wisconsin Public Records laws, as well as other laws. Nothing in this AGREEMENT shall prevent or prohibit the CITY from complying with Wisconsin Public Records laws or other laws. In the event the CITY’s compliance with Wisconsin Public Records laws, or compliance with other laws, conflicts with any term of this AGREEMENT, whether the term is explicitly stated or referenced, the CITY will comply with the applicable law and such compliance shall not be considered a breach, default, waiver, or other violation of any term of this AGREEMENT. B. For purposes of clarification, but without limitation, the CITY acknowledges the ownership of the intellectual property and trade secret rights of the CONTRACTOR, as well as the CONTRACTOR’s subsidiaries and affiliates. This Section is not intended to limit the ownership of the aforementioned intellectual property or trade secret rights. It is acknowledged that intellectual property, proprietary information, confidential information, and information subject to privacy laws may seem in some sense to be the same, but each are different in nature and are subject to different legal protections. It is the intent of the parties to interpret each term according to each term’s unique characteristics pursuant to Wisconsin’s applicable law. Wisconsin Public Records laws prevents public release of some of the aforementioned type of information, including Wis. Stat. 19.35(1) (records, such as intellectual property, subject to protection by other Federal or State laws); Wis. Stat. 19.36(4) (computer programs); Wis. Stat. 19.36(5) (trade secrets); and Wis. Stat. 19.36(13) (financial identifying information). Wisconsin Public Records laws do not prevent public disclosure and use of information that entities may believe are proprietary or confidential, unless that information is explicitly protected by one (1) of the previously-mentioned laws. DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC I:\Engineering\2021 - 2030 Contracts\2021 CONTRACTS\Jacobs Final Phosphorus Comp Alternatives Plan\Pilot Testing\Veolia Wtr Tech\Veolia Wtr Tech Agreement_9-9-21.docx Page 6 of 8 (For purposes of clarification, but without limitation, the CITY notes that computer programs and software is protected from public disclosure, as noted above. However, Wis. Stat. 19.36(4) explicitly states that all material used for input into the computer program, and all material produced as a product of the computer program is subject to public examination and copying unless explicitly protected by law from inspection and copying. Therefore, regardless of any notations of confidentiality placed on any input to the computer program, or output from the computer program, such records will be considered records available for public inspection, copying, and use unless information is otherwise protected from public disclosure by law.) C. Where information is not specifically addressed by State Statute, such as those identified above, the CITY will review all information requested under public records laws using the balancing test analysis as allowed by Wisconsin law when appropriate. However, the CITY notes that this AGREEMENT, communications related to this AGREEMENT, and pricing related to this AGREEMENT are subject to public inspection and copying, and public use. In the event the CITY receives a Public Records Request seeking records other than this AGREEMENT, pricing, communications related to this AGREEMENT, or reports produced under the Pilot Program, the CITY will (as soon as practical and without delay) notify the CONTRACTOR of the request to allow the CONTRACTOR the ability to take steps it deems necessary to protect such information. If it is the CITY’s position that the requested records are subject to public inspection and copying according to Wisconsin Public Records laws, and if the CONTRACTOR disagrees with the CITY’s conclusions, then the CONTRACTOR may take any lawful action it deems necessary to protect its interests, provided such action does not interfere with the CITY’s obligations to respond to the request as soon as practicable and without delay. However, any resulting actions by the CONTRACTOR shall be taken at the CONTRACTOR’s own risk and cost, regardless of the result of such action. ARTICLE XV. OWNERSHIP OF THE PILOT For the avoidance of doubt, at all time during the term of this AGREEMENT, the CONTRACTOR’s Pilot Unit and equipment shall remain the personal property of the CONTRACTOR and shall not, by accession or otherwise, become a fixture or part of the CITY’s real property. At the conclusion of the CONTRACTOR’s performance under this AGREEMENT, the CITY shall permit the CONTRACTOR access to its facility for the time period necessary for the CONTRACTOR to remove the Pilot Unit and equipment. DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC I:\Engineering\2021 - 2030 Contracts\2021 CONTRACTS\Jacobs Final Phosphorus Comp Alternatives Plan\Pilot Testing\Veolia Wtr Tech\Veolia Wtr Tech Agreement_9-9-21.docx Page 7 of 8 The CITY shall procure all licenses, permits, and approvals necessary to the performance of any demonstration and testing under this AGREEMENT and shall be responsible for complying with all laws and regulations of governmental authorities and agencies affecting any such demonstration and testing, including without limitation, rules and regulations concerning safety and environmental matters. Notwithstanding the provisions of this Paragraph herein, the CONTRACTOR shall be responsible for any violation of law, rule, or regulations caused by the CONTRACTOR’s Pilot Unit, the CONTRACTOR’s equipment, or the CONTRACTOR’s employees. ARTICLE XVI. NO IMPLIED WARRANTIES No warranties, including but not limited to, warranties regarding performance or warranties of merchantability or fitness for a particular purpose, have been given by the CONTRACTOR or shall be implied herein regarding the CONTRACTOR’s Pilot Unit and equipment, the information, any demonstration, or the results of any demonstration. ARTICLE XVII. LIMITATION OF LIABLITY Except for the obligation of the CONTRACTOR to indemnify the CITY as set forth in this AGREEMENT, the aggregate liability of either party, including without limitation for or with respect to their affiliates and employees, arising out of or in connection with this AGREEMENT, for any demonstration or the Pilot Unit, including without limitation liability based upon or arising from indemnification or contribution, breach of contract or warranty, strict liability, negligence or other tort, or any other legal or equitable theory, shall not exceed the greater of (i) the amount paid by the CITY to the CONTRACTOR under this AGREEMENT; or (ii) Fifty Thousand Dollars ($50,000). In no event shall either party be liable to the other for consequential, incidental, indirect, special, exemplary, or punitive damages of any kind, or for loss of profits, revenue, or product, or loss of use of any property (whether by shutdown, operation at less than capacity, or otherwise), regardless of whether any of the foregoing damages are based directly or indirectly upon indemnification or contribution, breach of contract, strict liability, negligence or other tort, or any legal theory or equitable claim. The terms will have the following definitions: A. “Consequential damages”, “indirect”, “special”, or “exemplary” damages are damages that include loss of profit or revenue, a loss of production time or extra expenses due to loss of production time, increased expense of operations, borrowing or financing, and loss of use. DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC I:\Engineering\2021 - 2030 Contracts\2021 CONTRACTS\Jacobs Final Phosphorus Comp Alternatives Plan\Pilot Testing\Veolia Wtr Tech\Veolia Wtr Tech Agreement_9-9-21.docx Page 8 of 8 B. “Incidental damages” are damages for expenses incurred by the injured party as a result of the other party’s breach of contract which were not reasonably foreseeable or “within the contemplation of the parties” at the time of contract formation. Wherefore, with the intent to be mutually and legally bound hereunder, the Parties set their hands and seal as of the date first set forth above. In the Presence of: CONTRACTOR ____________________________ By: _____________________________ ____________________________ Mike Gutshall (Seal of CONTRACTOR President if a Corporation) By: _____________________________ _____________________________ (Specify Title) CITY OF OSHKOSH _____________________________ By: _____________________________ (Witness) Mark A. Rohloff, City Manager _____________________________ And: _____________________________ (Witness) Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this AGREEMENT. _____________________________ City Attorney ___________________________________ City Comptroller DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC August 11, 2021 Page 1 of 3 Filter Pilot Scope of Work Background The City of Oshkosh Wastewater Treatment Plant (WWTP) has a rated average capacity of 20 million gallons per day (mgd). The processes consist of headworks screening and grit removal, primary clarification, secondary biological treatment in fully-aerobic aeration basins, secondary clarification, and chlorine disinfection. The City is required to meet a 32 pounds per day (lbs./day) phosphorus limit as a 6- month average (May through October and November through April) and a 95 lbs./day monthly average phosphorus limit. Pilot testing of filter technologies is being conducted to determine if permit limits can be reliably met, to determine filter sizing criteria, chemical requirements, backwash rates, operational requirements, and reliability of system performance. The information will be used to recommend a tertiary treatment (filtration) technology in a Phosphorus Final Compliance Alternatives Plan (FCAP) to be submitted to Wisconsin Department of Natural Resources in December 2021. Schedule The pilot test is anticipated to start in September 2021 and will be conducted for the period required to complete the test conditions specified herein. Test Conditions Test the following conditions for a minimum of 8 hours per test condition at each hydraulic loading conditions. The two hydraulic loading conditions shall be the manufacturers’ recommended average and peak hydraulic loading rate in terms of gallons per minute per square foot (gpm/sf). 1. Secondary effluent total phosphorus (TP) approximately 0.5 to 0.6 milligrams per liter (mg/L), dose and rapid mix ferric chloride (FeCl3), add polymer as necessary, and provide flocculation mixing and detention time upstream of the filter as required to achieve 0.13 to 0.15 mg/L effluent TP. 2. Secondary effluent TP approximately 0.2 to 0.3 mg/L, filter with no FeCl3, polymer, or mixing, bypassing the flocculation chamber if possible. If not possible to bypass flocculation chamber, maintain minimal mixing as required to prevent secondary solids settling. 3. Secondary effluent TP approximately 0.2 to 0.3 mg/L, dose and rapid mix FeCl3, add polymer as necessary and provide flocculation mixing and detention time upstream of the filter as required to achieve 0.13 to 0.15 mg/L effluent TP. The first target secondary effluent TP concentration will be maintained for a minimum of one week to allow the pilot equipment manufacturers to evaluate polymers and polymer dose, establish a ferric chloride dose response curve, optimize any other operational parameters, and test the first condition at the two hydraulic loading rates. The secondary effluent TP concentration will then be decreased to the second target TP concentration and maintained for a minimum of one week to allow the pilot manufacturers to test the second and third conditions at the two hydraulic loading rates each. ATTACHMENT 1 DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC August 11, 2021 Page 2 of 3 The two minimum 8-hour runs can be performed in the same 24-hour period or on two consecutive days. A tentative schedule is provided below. Week 1: Monday, Tuesday, and Wednesday to select polymer, develop ferric dose response curve, and optimize dosing for first test condition of 0.5 to 0.6 mg/L secondary effluent TP. Thursday test at average hydraulic loading rate and either Thursday night or Friday test at peak hydraulic loading rate, to meet target effluent TP. Over the weekend the plant increases secondary effluent ferric dosing to drop TP to 0.2 to 0.3 mg/L target. Week 2: Monday filter at average hydraulic loading rate and Tuesday filter at peak hydraulic loading rate without any chemical dosing or conduct the two minimum 8 hour tests anytime between Monday and no later than Wednesday 7 am. Wednesday optimize chemicals for the lower secondary effluent condition. Thursday filter at average hydraulic loading rate and either Thursday night or Friday at peak hydraulic loading rate to meet target effluent TP. Schedule for sand media column pilot: With the sand media pilot being operated by the City, the sand media pilot will likely be scheduled to occur after the completion of the other pilots. Secondary Effluent TSS during Pilot Filtering The original target summer time frame of the pilots was selected to coincide with a seasonal Ceriodaphnia outbreak typically experienced by the plant. With the expected late summer to early fall scheduling of the pilots it is less likely that a Ceriodaphnia outbreak will coincide with the pilots. Therefore, it is the expectation that a supplemental and mutually agreeable plan will be worked out with the pilot manufacturers to mix secondary effluent and either mixed liquor or clarifier return activated sludge to achieve comparable TSS concentrations to the filter as may occur during a Ceriodaphnia outbreak. Pilot Operation The filter manufacturer shall provide one or more personnel as necessary to setup, operate, and maintain the pilot unit, to record operational data, and to perform sampling for the duration of the pilot, with the exception of the sand media column pilot which shall be as described in their proposal. For sand media filter pilot: Provide two columns of 4 to 6 feet mono media sand in parallel to be operated by the City. Media in one of the columns shall consist of 0.85 to 0.95 mm effective size, a maximum uniformity coefficient of 1.4, and a sphericity of < 0.7. Media in the second column shall be as recommended by Xylem (Leopold) for minimizing effluent phosphorus. A primary operational value to be determined from the pilot testing is the expected ratio of backwash water volume, including any settled solids tank draining, to volume filtered. Therefore, cleaning beyond normal in place backwash (i.e., water without chemicals and air scouring) is not allowed during and between any of the test conditions (i.e., once the first test condition is initiated, no specialized cleaning is allowed until testing and associated sampling of all three test conditions is completed). At the completion of the pilot the manufacturer shall demonstrate and train available City of Oshkosh WWTP personnel on any specialized cleaning recommendations required with iron dosing to the filter technology. DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC August 11, 2021 Page 3 of 3 Sampling and Analysis The manufacturers shall utilize their own online analyzers, test kits, or laboratory analyses as required to operate the pilot, including to develop their dose response curves. The manufacturers shall collect a composite sample, with equal volumes of sample collected and added to the composite sample container every hour (i.e., a minimum of 8 samples composited for an 8-hour test) for each of the test conditions. The sample container shall be adequately mixed and a minimum of a 250-milliliter (ml) retrieved and delivered to the City for each test condition and hydraulic loading rate. The plant will conduct 24-hour composite final effluent sampling as the basis for determining average secondary effluent TP. Chemical dosing, mixing, and filter operation shall not be changed after the initiation of a test condition through the duration of the sampling. Samples shall be refrigerated immediately after collection and given to the City of Oshkosh at the WWTP by the end of each day of testing. Analysis will be handled and paid for by the City of Oshkosh. Final effluent composite samples and filter pilot composite samples will be analyzed for influent TP, soluble phosphorus (P), soluble orthophosphate (OP), and TSS. Analyses will be in accordance with the Standard Methods For the Examination of Water and Wastewater. A sampling and analysis plan will be developed by the City. City of Oshkosh Responsibilities The City of Oshkosh WWTP personnel will control ferric chloride dosing to secondary treatment to maintain secondary effluent TP as reasonably close to the test condition targets as possible. The City will provide ferric chloride for the filter manufacturers’ pilot use. Performance Data The manufacturers shall provide necessary instrumentation and record operating conditions, including flow rates through the pilot, flocculation time, chemical doses, head loss, backwash volumes, backwash rate as a percentage of filtered flow, and other data pertinent to design and operation. Backwash volumes shall include any required draining from filter vessels. Location of Pilot A site plan of the area available for the pilot is shown in Figure 1. Figures 2 through 6 are photos of the area. Assume concurrent pilots with up to three manufacturers. Access between the entry gate from Dempsey Trail and potential pilot locations must be maintained to not interfere with egress for other pilots. All available pilot locations are on lawn. The City will provide rented mats to support the pilot trailers and equipment on the lawn. DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC Filter Pilot Scope of Work - Figures Figure 1 – Location of Pilot DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC Figure 2 – Potential Pilot Location Between Clarifier and Chlorine Contact Basin Looking North Figure 3 – Potential Pilot Location Between Clarifier and Chlorine Contact Basin Looking South DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC Figure 4 - Potential Pilot Location West of Chlorine Contact Basin Looking North Figure 5 - Potential Pilot Location West of Chlorine Contact Basin Looking South DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC Figure 6 – Yard Area Looking East DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC ATTACHMENT 2DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC ATTACHMENT 3DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC 4/14/14 II - 1 CITY OF OSHKOSH INSURANCE REQUIREMENTS II. CONTRACTOR’S INSURANCE WITHOUT PROPERTY INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable City department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City of Oshkosh is primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. 1. INSURANCE REQUIREMENTS FOR CONTRACTOR—LIABILITY & BONDS A. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit (other than Products–Completed Operations)per project $2,000,000 4. Products–Completed Operations aggregate $2,000,000 5. Fire Damage limit — any one fire $50,000 6. Medical Expense limit — any one person $5,000 7. Watercraft Liability, (Protection & Indemnity coverage)”if”the project work includes the use of, or operation of any watercraft, then Watercraft Liability insurance must be in force with a limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. 8. Products – Completed Operations coverage must be carried for two years after acceptance of completed work. B. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1– “Any Auto” basis. C. Workers’ Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen’s and Harbor Workers Act coverage. D. Umbrella Liability providing coverage at least as broad as the underlying Commercial General Liability, Watercraft Liability (if required), Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. ATTACHMENT 4 DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC 4/14/14 II - 2 E. Aircraft Liability,“if”the project work includes the use of, or operation of any aircraft or helicopter, then Aircraft Liability insurance must be in force with a limit of $3,000,000 per occurrence for Bodily Injury and Property Damage including Passenger liability and including liability for any slung cargo. F. Builder’s Risk / Installation Floater / Contractor’s Equipment or Property - The contractor is responsible for loss and coverage for these exposures. City of Oshkosh will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. G. Also, see requirements under Section 3. H. Bond Requirements 1. Bid Bond. Bids that are $25,000 or greater will require the contractor to provide to the owner a Bid Bond, which will accompany the bid for the project. The Bid Bond shall be equal to 5 percent of the contract bid. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 2. Payment and Performance Bond. If awarded the contract, bids that are $25,000 or greater will require the contractor to provide to the owner a Payment and Performance Bond in the amount of the contract price, covering faithful performance of the contract and payment of obligations arising thereunder, as stipulated in bidding requirements, or specifically required in the contract documents on the date of the contract’s execution. The City may, at its discretion, require bonds for certain contracts with amounts less than $25,000. 3. Acceptability of Bonding Company. The Bid, Payment and Performance Bonds shall be placed with a bonding company with an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI. 2. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers’ Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above. DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC 4/14/14 II - 3 3. APPLICABLE TO CONTRACTORS / SUBCONTRACTORS / SUB-SUB CONTRACTORS A. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VI, and who are authorized as an admitted insurance company in the state of Wisconsin. B. Additional Insured Requirements – The following must be named as additional insureds on all Liability Policies for liability arising out of project work -City of Oshkosh, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 or its equivalent and also include Products – Completed Operations ISO form CG 20 37 07 04 or its equivalent for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. C. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days’ prior written notice has been given to the City Clerk – City of Oshkosh. DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYY) 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 CONTACT NAME: PHONE (A/C. No. Ext): FAX (A/C. No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:ABC Insurance Company NAIC # INSURED INSURER B:XYZ Insurance Company NAIC # INSURER C:LMN Insurance Company NAIC # 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 AMY 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYY) POLICY EXP (MM/DD/YYY)LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence)$ 50,000 A CLAIMS-MADE OCCUR MED EXP (Any one person)$ 5,000 ISO FORM CG 20 37 OR EQUIVALENT PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN’L AGGREGATE LIMIT APPLIES PER:PRODUCTS – COMP/OP AGG $ 2,000,000 POLICY PRO- JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident)$ 1,000,000 ANY AUTO BODILY INJURY (Per person)$ B ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident)$ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident)$ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION $10,000 $ C WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED?Y / N (Mandatory in NH)N If yes, describe under DESCRIPTION OF OPERATIONS below WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE – EA EMPLOYEE $ 100,000 E.L. DISEASE – POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Additional Insureds per attached endorsements. Certificates of Insurance acceptable to the City of Oshkosh shall be submitted prior to commencement of the work to the applicable City department. These certificates shall contain a provision that coverage afforded under the policies will not be canceled or non renewed until at least 30 days’ prior written notice has been given to the City Clerk – City of Oshkosh. CERTIFICATE HOLDER CANCELLATION City of Oshkosh, Attn: City Clerk 215 Church Avenue PO Box 1130 Oshkosh, WI 54903-1130 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 © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Insurer(s) must have a minimum A.M. Best rating of A- and a Financial Performance Rating of VI or better. Policy effective and expiration date. Policy effective and expiration date. Policy effective and expiration date. Policy effective and expiration date. General Liability Policy Number Auto Liability Policy Number Umbrella Liability Policy Number Workers Compensation Policy Number Insurance Agent’s contact information. Insurance Agency contact information, including street address and PO Box if applicable. Insured’s contact information, including name, address and phone number. Insurance Standard II SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s):Location(s) Of Covered Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but 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(s) at the location(s) design- nated above. B.With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to “bodily injury” or “property damage” occurring after: 1.All work, including materials, parts or equip- ment 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 2.That portion of “your work” out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Insurance Standard II SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. Policy # DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC POLICY NUMBER:COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED – OWNERS, LESSEES OR CONTRACTORS – COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s):Location And Description Of Completed Operations As required by contract Any and all job sites Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II – Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for “bodily injury”, “property dam- age” caused, in whole or in part, by “your work” at the location designated and described in the sched- ule of this endorsement performed for that additional insured and included in the “products-completed operations hazard”. CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Policy # Insurance Standard II SAMPLE CERTIFICATE Please indicate somewhere on this certificate, the contract or project # this certificate is for. DocuSign Envelope ID: B3EBE173-13D8-4D18-881B-909C439CC9CC