HomeMy WebLinkAboutBONDS-Anaerobic Cleaner-Full Servic Organics ManagementFull Service Organics Management, LLC
(P •'ncipal _ Se l
(Title)^^ `^ p;��h
GREAT AMERICAN INSURANCE COMPANY
• • •
CONTRACTOR:
(Name, legal status and address)
Full Service Organics Management, LLC
3631 County Road C
Oconto Falls, WI 54154
OWNER:
(Name, legal status and address)
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54901
Bond No. 10242023
SURETY: Great American Insurance Company: Ohio Corporation
(Name, legal status and principal place
of business)
301 East 4th Street
Cincinnati, OH 45202
BOND AMOUNT: Five Percent (5%) of the Amount of the Bid
PROJECT:
(Name, location or address, and Project number, if any)
Anaerobic Digester Cleaning: Wastewater Treatment Plant
This document has important legal
consequences. Consultation with
an attorney is encouraged with
respect to its completion or
modification.
Any singular reference to
Contractor, Surety, Owner or
other party shall be considered
plural where applicable.
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and
Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such
bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted
in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract
and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the
difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount
for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of
an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of
notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for
acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for
an extension beyond sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall
be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project,
any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so
furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
Signed and sealed this 24th day of October 2023
(Witness)
ttn ss
Printed in cooperation with the American Institute of Architects (AIA).
The language in this document conforms to the language used in AIA Document A310 - Bid Bond - 2010 Edition.
GREATTTTTTTTAmERICAN.
INSURANCE GROUP
Great American Insurance Group Tower
301 E. Fourth St.
Cincinnati, OH 45202
GREAT AMERICAN INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND CAPITAL & SURPLUS
AS OF DECEMBER 31, 2022
ADMITTED ASSETS LIABILITIES, CAPITAL AND SURPLUS
Bonds......... .................................................................. :.:::::. $
5,473,101,482
Stocks........................................................................ ..........
1,291,825,478
Mortgage loans on real estate.__........._ .................................
747,159,419
Real estate (net of encumbrances) .......................................
2,157,159
Cash and short-term Investments .........................................
281,542,115
Other invested assets .............. ...... ..._..................................
2.065,262,644
Receivable for securities ......................... .....,.
909,672
Investment income due and aecrggd:.....................................
47,500,889
Agents' and premium balances ..................... :.......................
798,036,114
Reinsurance recoverable on loss payments ..........................
160,244,314
Federal income taxes ........... :..:.,::..... :::................... :............
18,043,725
Net deferred tax assel...........................................................
61,034,209
Receivable from affiliates......................................................
12.299,832
Receivable from Federal Crop Insurance Corporatlon...,.......
644.298,925
Company owned life insurance ......... .................... ............. .,.
202,710,992
Funds held as collateral........................................................
57,086,887
Funded deductibles. ..... . .. . ..... ........ _, ..... : ...... ............. ...
25.791,907
Other admitted assets ................... ........ :............ ...................
42,364,009
Total__ ...................... ................ ............ $ 11,931,369.672
Unpaid losses and loss expenses ......................................... $
5,396,173.107
Reserve for underwriting expenses.. .....................................
394,081,321
Reserve for unearned premiums ...........................................
1,852.967,836
Ceded reinsurance premiums payable..........__ .....................
196,030,365
Funds held under reinsurance treaties ..................................
765,518,543
Provision for reinsurance......................................................
49,361,400
Retroactive reinsurance ceded ..............................................
(68.612,054)
Other liabilities... _................. o................................................
184,945,627
Total IiabillOes.....%....................................................
8,771.366,145
Capital stock_,_ ...... ... . ...... $
16,440,600
Paid in surplus .................:.....................
895,823,901
Special surplus funds .............................
58,365,100
Unassigned funds .:::.:...:... I....................
2,190,373,926
Policyholders' surplus .......................................................
3,160,003,627
Total..............................
Securities have been valued on the basis prescribed by the National Association of Insurance Commissioners.
STATE OF OHIO
COUNTY OF HAMILTON
Robert J. Schwartz, Vice President and Controller, and Stephen Beraha, Assistant Vice President and Assistant Secretary, being duly sworn,
each for himself deposes and says that they are the above described officers of the Great American Insurance Company of Cincinnati, Ohio;
that said Company is a corporation duly organized, existing and engaged in business as a Surety by virtue of the laws of the State of Ohio
and has duly complied with all the requirements of the laws of said state applicable to said Company and is duly qualified to act as Surety
under such laws; that said Company has also complied with and Is duly qualified to act as Surety under Public Law 97-258 enacted
September 13, 1982 (96 Stat. 1047 as amended: 31 U.S.C. 9304-9308); that to the best of their knowledge and belief the above statement is
a full, true and correct Statement of the Assets, Liabilities and Capital & Surplus of the said Company as of December 31. 2022.
Subscribed and sworn to before me
this 28th day of February, 2023. __7 ? ontroiler
p,(YP7 '
f _�.• \\,' ��/ ,�j� Assistant Secretary
HOLLY M. CLAYTON
Notary Public, State of Ohio
My Commission Expires April 28, 2025
Specialty Property & Casualty Insurance Group
GAIG.com
PERFORMANCE BOND
Annual Form
Bond No. 5315893
Great American Insurance Company
Cincinnati, OH 45202
KNOW ALL BY THESE PRESENTS, That we Full Service Organics Management, LLC , as Principal,
and Great American Insurance Company Of Ohio , authorized to do business in the
State of Wisconsin , as Surety, are held and firmly bound unto City of Oshkosh
as Obligee, in the maximum penal sum of Ninety one Thousand Eight Hundred Eighty and 00/100
Dollars ( $91,880.00 ), lawful money of the United States of America, for which payment well and truly to be made
we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by this Bond.
WHEREAS, the Principal has entered, or is about to enter, into a written agreement with the Obligee to
accordance with the terms and conditions of the
Anaerobic Digester Cleaning Services 2024-2025
referred to as the Contract), said Contract is hereby referred to and made a part hereof;
perform in
(hereinafter
NOW, THEREFORE, the condition of this obligation is such that if the above named Principal, its successors and assigns,
shall well and truly perform its obligations as set forth in the above mentioned Contract, then this Bond shall be void;
otherwise to remain in full force and effect pursuant to its terms.
Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions:
1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of
01/01/2024 to 12/31/2024 . The Bond may be extended, at the sole option of the Surety,
by continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Surety's
decision not to issue a continuation certificate, nor (b) the failure or inability of the Principal to file a replacement bond
or other security in the event the Surety exercises its right to not renew this Bond, shall itself constitute a loss to the
Obligee recoverable under this Bond or any extension thereof.
2. The above referenced Contract has a term ending 12/31/2024 . Regardless of the number of years this
Bond is in force or the number of continuation certificates issued, this Bond shall not be extended beyond
12/31/2024 , unless earlier nonrenewed pursuant to paragraph 1 above.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on
this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year
from termination or expiration of the bond term.
4. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of
the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth
above, or as amended by rider.
5. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the Surety
at the address specified below. Any demand or request for payment must be made prior to the expiry date of this
Bond.
Surety Address: Great American Insurance Company
301 East 4th Street
Cincinnati, OH 45202
Attn: Bond Claim
6. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and
as described in the underlying Contract, then the terms of this Bond shall prevail.
SIGNED, SEALED AND DATED this
S-5025d (06-06)
29th day of December
Full
By:
By: _
J
2023
e Organics Management, LLC
Insurance Company
eisbrot
I*R11n'
--o;-Pr1n0i - "
#U.
PAYMENT BOND Great American Insurance Company
Annual Form Cincinnati, OH 45202
Bond No. 5315893
KNOW ALL BY THESE PRESENTS, that we Full Service Organics Management, LLC , as Principal,
and Great American Insurance Company , of Ohio authorized to do business in
, as Surety, are held and firmly bound unto City of Oshkosh , as
Obligee, and to all persons who furnish labor or material directly to the Principal for use in the prosecution of the work
hereinafter named, in the maximum penal sum of Ninety One Thousand Eight Hundred Eighty and 00/100
Dollars ( $91,880.00 ), lawful money of the United States of America, for which payment well and truly to
be made we bind ourselves, our heirs, executors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered, or is about it enter, into a written agreement with the Obligee, for
Anaerobic Digester Cleaning Services 2024-2025 hereinafter referred to as the Contract) and more fully
described in said Contract, said Contract is hereby referred to and made a part hereof.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all persons
who shall have furnished labor or material directly to the Principal for use in the prosecution of the aforesaid work, each of
which said persons shall have a direct right of action on this instrument in his/her own name and for his/her own benefit,
subject, however, to the Obligee's priority, then this obligation to be void; otherwise to remain in full force and effect.
Notwithstanding anything to the contrary in the Contract, the Bond is subject to the following express conditions:
1. Whereas, the Obligee has agreed to accept this Bond, this Bond shall be effective for the definite period of
01/01/2024 to 12/31/2024 . The Bond may be extended, at the sole option of the Surety, by
continuation certificate for additional periods from the expiry date hereof. However, neither: (a) the Surety's decision
not to issue a continuation certificate, nor (b) the failure or inability of the Principal to file a replacement bond or other
security in the event the Surety exercises its right to not renew this Bond, shall itself constitute a loss to the Obligee
recoverable under this Bond or any extension thereof.
2. The above referenced Contract has a term ending 12/31/2024 . Regardless of the number of years this
Bond is in force or the number of continuation certificates issued, this Bond shall not be extended beyond
12/31/2024 , unless earlier nonrenewed pursuant to paragraph 1 above.
3. Regardless of the number of years this Bond is in force or the number of continuation certificates issued, the liability of
the Surety shall not be cumulative in amounts from period to period and shall in no event exceed the amount set forth
above, or as amended by rider.
4. Any notice, demand, certification or request for payment, made under this Bond shall be made in writing to the Surety
at the address specified below. Any demand or request for payment must be made prior to the expiry date of this
Bond.
Surety Address: Great American Insurance Company
301 East 4th Street
Cincinnati, OH 45202
Attn: Bond Claim
5. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on
this instrument unless such claim, action, suit or proceeding is brought or instituted upon the Surety within one year
from termination or expiration of the bond term; or after the expiration of ninety (90) days after the day on which any
person last supplied the labor and/or materials for which the claim is made, whichever occurs first. If this limitation is
void or prohibited by law, then the minimum period of limitation available to Surety as a defense in the jurisdiction of
the suit shall be applicable.
6. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder.
7. If any conflict or inconsistency exists between the Surety's obligations or undertakings as described in this Bond and
as described in the underlying Contract, then the terms of this Bond shall prevail.
SIGNED, SEALED AND DATED this 29th day of December 2023
Full Servic Organics Management, LLC
By:
Principal
Great American Insurance Company
By:
JohnNQ. Wisbrot l , Attorney -in -Fact
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than THREE
POWER OF ATTORNEY
No.0 21243
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under
and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than
one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond,
undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
JOHN D. WEISBROT ALL OF ALL
MELISSA L. MCDADE PIPERSVILLE, PENNSYLVANIA $10,000,000
STEVEN M.VARGA
This Power of Attorney revokes all previous powers issued on behalf of the attomey(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 19TH day of OCTOBER 2020
Attest GREAT AMERICAN INSUfANCE COMP
��n N,�,,`f
..
1i1w iL
Assistant Secretary Divisional Senior Vlce President
STATE OF OHIO, COUNTY OF HAMILTON - ss: MARK ViCARio (877-377-2405)
On this 19TH day of OCTOBER 2020 , before me personally appeared MARK VICARIO, tome known,
being duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is a Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto
by like authority.
SUSAN A KOHORST
r, Notary Public
i State of Ohio
My Comm. E)glres
May 18, 2025
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated June 9, 2008.
RESOLVED: That the Divisional President, the several Divisional Senior Vice Presidents, Divisional Vice Presidents and Divisonal Assistant Vice
Presidents, or any one of them, be and hereby is authorized, front time to time, to appoint one or more Attmmeys-in-Fact to execute on behalf of the Company,
as surety, any and all bonds, undertakings and contracts ofsuretyship, or other written obligations in the nature thereof- to prescribe their respective duties and
the respective limits of their authority; and to revoke any such appointment at any time.
RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certcate of either given for the execution of any bond, undertaking, contract of suretyship,
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually effaced.
CERTIFICATION
I, STEPHEN C. BERAHA, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Pol
the Resolutions of the Board of Directors of June 9, 2008 have not been revoked and are now in full force and effect. �%-"
Signed and sealed this
29th day of
December
2023 .
44--e.
Assistant Secretary
ney and
s
i
tom=
S1029AH (03/20)
GREATTTTTTTTAMERICAN.
INSURANCE GROUP
Great American Insurance Group Tower
301 E. Fourth St.
Cincinnati, OH 45202
GREAT AMERICAN INSURANCE COMPANY
STATEMENT OF ASSETS, LIABILITIES AND CAPITAL & SURPLUS
AS OF DECEMBER 31, 2022
ADMITTED ASSETS LIABILITIES, CAPITAL AND SURPLUS
Bonds, .......... ...................... ........... .................................... $
5,473,101,482
Stocks......................................................:..:............:..... •...
1, 291.625,478
Mortgage loans on real estate........ ......................................
747,159,419
Real estate (net of encumbrances) ..... .a- ... ....... .............•...
2,157.150
Cash and short-term investments...,.,........... ................,.,.._..
281.542.115
Other invested assets-, — .......... _. I ...........................
2,065,262,544
Receivable for securities .......................... ....... ____ ...........
909,672
Investment income due and accruad....................................
47,500.889
Agents' and premium balances .............................................
798,036,114
Reinsurance recoverable on loss payments .......................... :
160,244,314
Federal income taxes•..........:..:..............................:::...a...;_
18,043,725
Net deferred tax asset .................................................... ...
61,034,209
Receivable from affiliates ......................................... .............
12,299,832
Receivable from Federal Crop Insurance Corporation..-..,....,
644,296,925
Company owned life Insurance ................. ..............
202,710,992
Funds held as collateral........................................................
57,086,887
Funded deductibles. ........ ... ....................... ... . ........
25,791,907
Other admitted assets ..................... ..................:............ .:.... _
42,364,009
Total ........................ ..•........................................-...._...... $
11.931.369.672
Unpaid losses and loss expenses ................... ...............:.....
$ 5,396,173,107
Reserve for underwriting expenses .......................................
394,081,321
Reserve for unearned premiums-. •,•......................................
1,852,957,836
Ceded reinsurance premiums payable ..................................
196,030,365
Funds held under reinsurance treaties ..................................
765,518,543
Provision for reinsurance ......................................................
49,361,400
Retroactive reinsurance ceded ..............................................
(68.612,054)
Other liabilities... .. .............. ............. ... 1.1;.,..] .....................
184,945,627
Tote] liabilities :... .::.....: ......................................
8.771.366,145
Capital stock ................ .......... a ... ............ $ 15.440,600
Paid in surplus ....................................... 895,823,901
Special surplus funds ............................. 58,365,100
Unassigned funds,.;, ............ I................. 2,190,373,926
Policyholders' surplus....................................................:.. 3,160,003,527
Total ....................................... _ ...----------- — S 11.931.369,672
Securities have been valued on the basis prescribed by the National Association of Insurance Commissioners.
STATE OF OHIO
COUNTY OF HAMILTON
Robert J • Schwartz, Vice President and Controller, and Stephen Beralia, Assistant Vice President and Assistant Secretary, being duly sworn,
each for himself deposes and says that they are the above described officers of the Great American Insurance Company of Cincinnati, Ohio;
that said Company is a corporation duly organized, existing and engaged In business as a Surety by virtue of the laws of the State of Ohio
and has duty complied with all the requirements of the laws of said state applicable to said Company and is duly qualified to act as Surety
under such laws; that said Company has also complied with and is duly qualified to act as Surety under Public Law 97.258 enacted
September 13, 1982 (96 Stat. 1047 as amended: 31 U.S.C. 9304-9308); that to the best of their knowledge and belief the above statement is
a full, true and correct Statement of the Assets, Liabilities and Capital & Surplus of the said Company as of December 31, 2022.
Subscribed and sworn to before me
this 28th day of February, 2023,
HOLLY M. CLAYTON
Notary Public: State of Ohio
&1y Commission Expires April 28, 2025
ontroller
Assistant Secretary
Specialty Property & Casualty Insurance Group GAIG.com
DocuSign Envelope ID:F00O2FA1-3F4E-44FO-BF9A-93163B26CO8B
FA 4F
ay
Of
Oshkosh
CONTRACTOR AGREEMENT:
ANAEROBIC DIGESTER CLEANING SERVICES 2024-2025
CITY OF OSHKOSH
COPY
THIS AGREEMENT, made on the 171h day of NOVEMBER, 2023, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and FULL SERVICE ORGANICS
MANAGEMENT, LLC, 3631 COUNTY ROAD C, OCONTO FALLS, WI 54154, 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:
A. This Instrument
B. Proposal Solicitation
C. 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. PROTECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following individual to manage
the project described in this contract:
(RICH ELLMAN, PRESIDENT)
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1 130 http://www.ci.oshkosh.wi.us
DocuSign Envelope ID: F00O2FA1-3F4E-44FO-BF9A-93163B26C08B
B. Changes in Project Manager. The City shall have the right to approve or disapprove of an
proposed change from the individual named above as Project Manager. Ttad#V
bprovided with a resume or other information for any proposed substitute an l
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:
(KEVIN SORGE, WWTP SUPERINTENDENT)
ARTICLE IV. SCOPE OF WORK
The Contractor shall provide the services described in the City's INVITATION FOR BID for the Project
titled "ANAEROBIC DIGESTER CLEANING" dated September 22, 2023, 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 2024 digester cleaning must be completed no later than 12/31/24 and the 2025 digester cleaning must
be completed no later than 12/31/25. Contractor will work with City to coordinate times for the cleaning.
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
based on the unit prices noted on the Contractor's bid proposal form, adjusted by any changes
hereafter mutually agreed upon in writing by the parties hereto.
B. Fee schedules shall be firm for the duration of this Agreement.
i. 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
DocuSign Envelope ID: F00O2FA1-3F4E-44FO-BF9A-93163B26C08B
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 payi nent.
ii. Additional Costs. Costs for additional services shall be negotiated and SE t or vte
amendment to this agreement executed by both parties prior to proceeding wi e wor
covered under the subject amendment.
ARTICLE VIII. STANDARD PROVISIONS
The CONSULTANT agrees 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 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) days of the date of the City's written demand for
indemnification or refund.
ARTICLE X. 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 XI. TERMINATION
C. 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.
D. 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.
DocuSign Envelope ID: F00O2FA1-3F4E-44FO-BF9A-93163B26CO8B
Signatures. By placing their signatures below, each individual affirms that the enti they represent is
authorized to enter into this Agreement, and further affirm that they are authorize by h enti the
are representing to bind their respective parties to the terms and conditions of this A �rb."
In the Presence of: FULL SERVICE ORGANICS MANAGEMENT, LLC
DocuSigned by:
B (L ate,
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Rich Ellman, President
CITY OF OSHKOSH
DocuSigned by:
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By: 222EB907 D8 E7489...
Mark A. Rohloff, City Manager
11
DocuSigned by:
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And: v
Diane Bartlett, City Clerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
DocuSignnedby: will accrue under this contract.
C4zj&-� DocuSiggnneedd by:
City Attorney E9CEF0324F89A48E...
City Comptroller
DocuSign Envelope ID: F00O2FA1-3F4E-44FO-BF9A-93163B26CO8B
CITY OF OSHKOSH COPY
ANAEROBIC DIGESTER CLEANING SERVICES
BID PROPOSAL FORM
Page 1 of 2
From: Full Service Organics Management LLC (bidder's company name)
BID PROPOSAL DEADLINE: TUESDAY, OCTOBER 24, 2023 (9 10:00 A.M.
Date: 10/4/2023
Addenda: Receipt of Addenda numbered of 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):
Mobilization and Demobilization
Unit price per dry ton for removal of approximately 120
Dry tons of solids delivered to the Outagamie County Landfill
120 dry tons (more/less) 599
Unit Price
Work to commence in
Terms: Net 30
x 120 dry tons
TOTAL LUMP SUM BID:
after receipt of order
21
20,000
71,880
• ::1
DocuSign Envelope ID: F00O2FA1-3F4E-44FO-BF9A-93163B26CO8B
CITY OF OSHKOSH COPY
ANAEROBIC DIGESTER CLEANING SERVICES
BID PROPOSAL FORM
Page 2 of 2
SIGNATURES
Date: 10/4/2023 Name of Company: Full Service Organics Management LLC
Submitted by: (name/title) Rich Ellman -President Email: rellman@fsomanagement.com
Address of Company: 3631 County Road C Qconto Falls, WI 54154 Phone: 920-373-6704
Company Representative that will be named Project Manager for this project, if awarded
the bid: Rich Ellman
Signature X614 CYA"-el Title President
Company Representative authorized to sign contracts electronically via DocuSign:
Name: Rich Ellman Email: rellman@fsomanagement.com
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 Ac_ L cv,�
Warranty Details:
22
Title President
DocuSign Envelope ID: F00O2FA1-3F4E-44FO-BF9A-93163B26CO8B
Urben, Jon
From: Rich Ellman <rellman@fsomanagement.com> COPY
Sent: Tuesday, October 24, 2023 1:41 PM
To: Urben, Jon
Cc: Magrady, Holly
Subject: Re: City of Oshkosh Digester Cleaning IFB
............................. ............. -............................................................. ............................................................................................................................................. ,................................... ..................... 1-............................................................
EXTERNAL1 Only open links and attachments from• - •- 1/ NOT provide your
Hi Jon, I'm sorry I thought my email sent earlier from my computer but looks like it's held up somewhere In outer space.
My bid was per digester but the same rates for both years.
Mob/demob $20,000 per digester
Price $599 per DT estimate 120 DTs per digester.
Total $91,880 per digester.
This is how the bid proposal was typed out.
Grand total for both years would be $183,760. It
I hope this helps. Sorry again for the lost email.
Thanks
Rich
Sent from my Whone
On Oct 24, 2023, at 1:22 PM, Urben, Jon <jurben@ci.oshkosh.wLus> wrote:
Rob: You need to confirm your price for cleaning both digesters first so we can complete the
bid tab.
Please email me that ASAP.
Thanks, Jon
From: Rich Ellman <rellman @fsomanagement.com>
Sent: Tuesday, October 24, 2023 1:11 PM
To: Urben, Jon <jurben@ci.oshkosh.wi.us>
Cc: Magrady, Holly <hmagrady@ci.oshkosh.wi.us>
Subject: Re: City of Oshkosh Digester Cleaning IFB
1
DocuSign Envelope ID: F00O2FA1-3F4E-44FO-BF9A-93163B26CO8B
Urben, Jon
From: Urben, Jon COPY
Sent: Tuesday, October 24, 2023 10:17 AM
To: OrelIman@fsomanagement.com'
Cc: Magrady, Holly
Subject: City of Oshkosh Digester Cleaning IFB
Hi Rich. Received your bid for our Digester Cleaning Invitation for Bid for our #3 secondary digester in 2024
and our #1 primary anaerobic digester in 2025. Just want to confirm your bid of $91,880.00 covers digester
cleaning services for both digesters per the bid specs.
Thanks,
Jon G. Urben
Manager, General Services Division
City of Oshkosh
920.236.5100
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