HomeMy WebLinkAboutSynagro Central Llc/digester#2 ORIGINAL
CONTRACTOR AGREEMENT
DIGESTER #2 CLEANING WASTEWATER TREATMENT PLANT
THIS AGREEMENT, made on the 12th day of June, 2013, by and between the CITY OF
OSHKOSH, party of the first part, hereinafter referred to as CITY, and SYNAGRO
CENTRAL LLC, 435 WILLIAMS COURT, SUITE 100, BALTIMORE, MD 21220, hereinafter
referred to as the CONTRACTOR,
WITNESSETH:
That the City and the Contractor, for the consideration hereinafter named, enter into
the following Agreement. The CITY'S Bid Specifications and Insurance requirements are
attached hereto and incorporated into this Agreement. The Contractor's proposal is also
attached hereto and reflects the agreement of the parties except where it conflicts with the
CITY'S terms within this agreement, in which case the CITY'S Bid Specifications,
Insurance requirements, and other terms of this agreement shall prevail.
ARTICLE I. PROJECT MANAGER
A. Assignment of Project Manager. The Contractor shall assign the following
individual to manage the project described in this contract:
(Chris Teeters, Operations Director)
B. Changes in Project Manager. The City shall have the right to approve or
disapprove of any proposed change from the individual named above as Project
Manager. The City shall be provided with a resume or other information for any
proposed substitute and shall be given the opportunity to interview that person prior to
any proposed change.
ARTICLE II. CITY REPRESENTATIVE
The City shall assign the following individual to manage the project described in this
contract:
(Kevin Sorge, Superintendent of Wastewater)
ARTICLE III. SCOPE OF WORK
The Contractor shall provide services described in the CITY'S Bid Specifications
dated May 3, 2013, referred to as the "Invitation for Bid for Digester Cleaning- Oshkosh
Wastewater Treatment Plant"and the Contractor's bid form opened on May 21, 2013. The
Contractor's bid form is attached hereto as Exhibit A. If anything in the Contractor's
1
proposal conflicts with the CITY'S Bid Specifications or with this agreement,the CITY'S Bid
Specifications and the provisions in this agreement 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 IV. CITY RESPONSIBLITIES
The City shall furnish, at the Contractor's request, such information as is needed
by the Contractor to aid in the progress of the project, providing it is reasonably
obtainable from City records.
To prevent any unreasonable delay in the Contractor's work the City will
examine all reports and other documents and will make any authorizations necessary
to proceed with work within a reasonable time period.
ARTICLE V. TIME OF COMPLETION
The work to be performed under this contract shall be commenced and the work
completed by September 31 , 2013.
ARTICLE VI. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
$54,750, adjusted by any changes hereafter mutually agreed upon in writing by the
parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The Contractor shall submit itemized monthly
statements for services. The City shall pay the Contractor within 30 calendar days
after receipt of such statement. If any statement amount is disputed, the City may
withhold payment of such amount and shall provide to Contractor a statement as to
the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services to be negotiated and set
forth in a written amendment to this agreement executed by both parties prior to
proceeding with the work covered under the subject amendment.
ARTICLE VII. 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
2
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 VIII. INSURANCE
The Contractor shall provide insurance for this project that includes the City of
Oshkosh as an additional insured. The specific coverage required for this project is
identified in the CITY'S Bid Specifications dated May 3, 2013, which is fully incorporated
into this Agreement. The Contractor is responsible for meeting all insurance requirements.
The CITY does not waive this requirement due to its inaction or delayed action in the event
that the Contractor's actual insurance coverage varies from the Insurance required.
ARTICLE IX. TERMINATION
A. For Cause.
If the Contractor shall fail to fulfill in timely and proper manner any of the obligations
under this Agreement, the City shall have the right to terminate this Agreement by
written notice to the Contractor. In this event, the Contractor shall be entitled to
compensation for any satisfactory, usable work completed.
B. For Convenience.
The City may terminate this contract at any time by giving written notice to the
Contractor no later than 10 calendar days before the termination date. If the City
terminates under this paragraph, then the Contractor shall be entitled to compensation
for any satisfactory work performed to the date of termination.
This document and any specified attachments contain all terms and conditions
of the Agreement and any alteration thereto shall be invalid unless made in writing,
signed by both parties and incorporated as an amendment to this Agreement.
In the Presence of: CONTRACTOR /CONSULTANT
By: PaLiz.44,<;,14a,z.,
•
I 111 ado
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
3
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 VIII. INSURANCE
The Contractor shall provide insurance for this project that includes the City of
Oshkosh as an additional insured. The specific coverage required for this project is
identified in the CITY'S Bid Specifications dated May 3, 2013, which is fully incorporated
into this Agreement. The Contractor is responsible for meeting all insurance requirements.
The CITY does not waive this requirement due to its inaction or delayed action in the event
that the Contractor's actual insurance coverage varies from the Insurance required.
ARTICLE IX. TERMINATION
A. For Cause.
If the Contractor shall fail to fulfill in timely and proper manner any of the obligations
under this Agreement, the City shall have the right to terminate this Agreement by
written notice to the Contractor. In this event, the Contractor shall be entitled to
compensation for any satisfactory, usable work completed.
B. For Convenience.
The City may terminate this contract at any time by giving written notice to the
Contractor no later than 10 calendar days before the termination date. If the City
terminates under this paragraph, then the Contractor shall be entitled to compensation
for any satisfactory work performed to the date of termination.
This document and any specified attachments contain all terms and conditions
of the Agreement and any alteration thereto shall be invalid unless made in writing,
signed by both parties and incorporated as an amendment to this Agreement.
In the Presence of: CONTRACTOR /CONSULTANT
BY: LZ/46.C.4112"
(Seal of Contractor (Specify Title)
if a Corporation.)
By:
3
BID FORM
DIGESTER CLEANING-WASTEWATER TREATMENT PLANT
CITY OF OSHKOSH
Page 1 of 2
BID DEADLINE IS 10:00 A.M,, TUESDAY, MAY 21, 2013
From: Synagro Central , I I C (bidder's company name)
We, the undersigned, propose to furnish all labor and materials to perform this work per
bid specifications.
Any area of the proposal page left blank may be considered as a non-responsive bid.
Base Bid:
Mobilization and Demobilization $ 5 , 650.00
Unit price per dry ton for removal of approximately
100 dry tons of solids delivered to the Outagamie
County Landfill.
100 dry tons (more/less) 491.00 x 100 dry tons $ 49,100 .00
Unit price
Fifty-Four Thousand, Seven Hundred
Fifty Dollars and zero cents $ 54, 750 . 00
(Total Lump Sum Base Bid Price — In Words) Total Lump Sum Bid
Work to commence in 30 days after receipt of order
Completed Projects
List four(4) representative projects completed in the last five (5) years
Project Name Contracting Company Contact Name/Phone# Contract Amt
Mundelein, IL Synagro Central , LLC Paul Cacioppo 847-949-3200 $154,302.00
Davenport, IA Synagro Central , LLC Doug Raddick 563-326-7711 $40,470.00
Wauconda, IL Synagro Central , LLC Jake Mann 847-526-9600 $22,000.00
Bloomingdale, IL Synagro Central , LLC Shirley Burger 630-670-5853 $15,000.00
Addendum Acknowledgement
We hereby acknowledge receipt of and have thoroughly examined the written
Addenda(s) issued prior to the bid date in association with this project. These Addenda
•
BID FORM
DIGESTER CLEANING-WASTEWATER TREATMENT PLANT
CITY OF OSHKOSH
Page 2 of 2
are numbered N/A through N/A , inclusive. We further understand that
failure to fully list the numbers of all published Addenda may cause the City to reject this
bid, Note: If no addenda were published for this project write "N/A" in blanks above.
Payment terms Net 30
Date Submitted: May 17, 2013
Name of Company: Svnagro Central , LLC
Submitted by: (name and title) Paul i ne Sal opek Vi ce Presi dent
Email address: vbankncki(dsynagrn. rom
Address of Company: 435 Wi 11 i ams Court; Ste 100 Bal ti more, MD 21220
Phone: (443)489-9000