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CONTRACTOR AGREEMENT-
DIGESTER #1 CLEANING WASTEWATER TREATMENT PLANT
THIS AGREEMENT, made on the 27TH DAY OF MAY, 2015, 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:
(MATT DE W1TT, ASSISTANT SECRETARY)
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 TREATMENT PLANT)
ARTICLE III. SCOPE OF WORK
The Contractor shall provide services described in the CITY'S Specifications dated
APRIL 22, 2015, referred to as the "Invitation for Bid" for DIGESTER CLEANING,
WASTEWATER TREATMENT PLANT (THiS ATTACHED AS EXHIBIT A)
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and the Contractor's bid proposal form dated MAY 15, 2015. The Contractor's bid form is
attached hereto as Exhibit B. If anything in the Contractor's 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 by 90 DAYS
OR AS REQUESTED BY OWNER AFTER RECEIPT OF ORDER
ARTICLE VI. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
$65,000.00 (Sixty five thousand and 00/00) adjusted by any changes hereafter
mutually agreed upon in writing by the parties hereto.
Fee schedules shall be firm for the duration of this Agreement.
B. Method of Payment. The Contractor shall submit itemized monthly
statements for services. The City shall pay the Contractor within 30 calendar days
after receipt of such statement. If any statement amount is disputed, the City may
withhold payment of such amount and shall provide to Contractor a statement as to
the reasonls) 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.
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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
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 Specifications dated APRIL 22, 2015, referred to as the "Invitation for Bid"
for DIGESTER CLEANING WASTEWATER TREATMENT PLANT dated APRIL 22,
2015, which is fully incorporated into this Agreement. If applicable, the Contractor is
responsible for meeting all insurance requirements. The CIT1' 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 sha�l be entitled to compensation
for any satisfactory work performed to the date of termination.
This document and any specified attachments contain aIl 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.
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In the Prese
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(Seal efi Contractor
if a Co,poration.)
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,(�,5� City Attorney
CONTRACTOR/CONSULTANT
Bv: !�'� �'��-
/'1,<<�.► S�I,�h.. l/r� �Sr�l�,�-
(Specify Title)
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�'�Clf �(�'�f - ���.1a„-t . Sec��,.
(Specify Title)
CITY OF OSHKOSH
By: /�/�-.��i��-
M rk A. Rohloff, City Manager
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And: �
Pamela R. Ubrig, City erk
I hereby certify that the necessary
provisions have been made to
pay the liability which will accrue
under this contract.
���� �� �
City Comptroller
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EXHIBIT A
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GENERAL INFORMATION
The City of Oshkosh is requesting bids from qualified contractors to perform cleaning of
an anaerobic digester at the Wastewater Treatment Plant located at 233 North
Campbell Road. This cleaning will include removal of grit and debris that has
accumulated over the last five years. This material is to be dewatered and hauled to a
licensed solid waste landfill for disposal. The estimated volume is 100,000 to 250,000
gallons with an estimated 4% to 8% solids prior to dewatering.
SERVICES TO BE PROVIDED BY CITY
• Sludge wili be drawn down as far as possibie within the ability of the centrifuges
with an estimated 100,000 to 250,000 gallons of approximately 4%to 8% solids to
be removed by the contractor.
. Digester covers will be opened for access.
• Equipment and resources to be provided by V�NVfP for cleaning and dewatering
will include water hoses, non-potabie water, electricity, and a filtrate discharge
location for the beit filter press operation.
• The City of Oshkosh wiil pay landfill directly for disposal based on weight slips
from landfill.
• Approvai for delivery to the Outagamie County Landfill will be obtained by the
City.
SERViCES TO BE PROVIDED BY CONTRACTOR
• Remove remaining solids from our primary anaerobic digester and dewater using
a belt fiiter press. Pump to belt press, dewatering polymers, and any necessary
pre- screening by contractor.
. Haul and dispose of the material at the Outagamie County Landfill.
• Hose down the inside of vessel and clean for inspection.
• All miscellaneous tools and equipment including, but not limited to, ladders,
ventilation equipment, lights, confined entry safety equipment etc will be the
responsibility of the contactor.
SAFETY
Contractor must comply with all safety requirements as noted in the attached City of
Oshkosh Standard Terms and Conditions.
PROJECT SCHEDULE
Work schedule shall be coordinated with Facility contact Kevin Sorge, Wastewater
Treatment Plant Division Manager, (920) 232-5365, e-mail, ksorge@ci.oshkosh.wi.us.
All work schedules shall be submitted and authorized in advance with Wastewater
Treatment Piant Division Manager.
PRODUCT DELIVERY, SITE ORGANIZATION AND CLEANUP
Contractor shall keep work areas orderly and free from debris during the course of work
and clean up on a daily basis. If areas are not kept clean, the City of Oshkosh may
demand immediate cleanup or clean those areas and deduct cost from contract.
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Contractor shall regularly remove trash, materials, cartons, etc. generated by their work
from the premises. Contractor can work with City to block off work areas.
CONTRACTOR QUALIFICATION FORM
Attached is the Contractor Qualification Form that needs to be on file in the Purchasing
Office 5 days prior to solicitation due date FRIDAY MAY 8, 2015
INSURANCE REQUIREMENTS
Attached are insurance requirements for the City of Oshkosh for this project.
SAMPLE CONTRACTOR AGREEMENT
Attached is a sample contractor agreement that the successful bidder will be expected
to sign upon award of this project. Bidders do NOT need to submit this agreement
when submitting their quote form.
BfD QUANTITIES
The bid will be based on fhe total of:
a. Lump sum for mobilization and demobilization and;
b. Unit price per dry ton for removal of approximately 100 dry tons of solids
delivered to the Outagamie County LandfilL
Actual dry tons wiif be determined by the coliection of a minimum of 4 composite
sampies per day from the belt filter press during normal operation with the percent
solids determination being done using the method for determining % solids as described
in Standard Methods for the Examination of Water and Wastewater by the WWTP
laboratory.
Trucks will be weighed on scale at plant to determine net weight of material.
PAYMENT QUANTITIES
Payment quantity wi11 be based on unit price per dry ton and actual quantity removed as
determined by actual net weight of material removed and total average of percent solids
from testing results.
PREVAILING WAGE
State of Wisconsin Prevailing Wage Requirements does not apply to this project.
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From:
BID FORM
DIGESTER CLEANING- WASTEWATER 7REATMENT PLANT
CITY OF OSHKOSH
Page 1 of 2
BID DEADLINE IS 10:00 A.M., FRIDAY MAY 15, 2015
(bidder's company name)
We, the undersigned, propose to furnish ali labor and materials to perForm this work per
bid specificaticns.
Any area of the proposal page left blank may be considered as a non-responsive bid.
Base Bid:
Mobilization and Demobilization
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)
Unit price
x 100 dry tons
(Total Lump Sum Base Bid Price — in Words)
Work to commence in
after receipt of order
$
$
Total Lump Sum Bid
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
are numbered through , inclusive. We further understand that
failure to fully list the numbers of ali 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
Date Submitted:
19
BID FORM
DIGESTER CLEANING- WASTEWATER TREATMENT PLANT
CITY OF OSHKOSH
Page 2 of 2
Name of Company:
Submitted by: (name and title)
Email address:
Address of Company:
Phone:
20
EXHIBIT B
BID FORM
DIGESTEi2 C�EAP�1'NG- WASTEWATER TREATNIENT PLANT
CITY OF OSHKOSN
Page 1 of 2
B1D DEADLIIVE IS 10:00 A.NI., FRIDAY MAY'15, 2015
From: synaqo central, LLC (bidder's compeny name)
We, the undersigned, propose to furnish all labor and materiais 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
$ lz,soo.00
Unit price per dry tcn for remova( of approximately
100 dry tons of solids delivered fo the Outagamie
County LandfilL
100drytons(more/less) Ss2s.00 x100drytons $sz,soo.00
Unit price
Sixty five thousand dollars $ 65,000.00
(Total Lump Sum Base Bid }'rice — In Words) Total Lump Sum Bid
Work to comrnence in 90 days after receipt of order
or as requested by owner
Addendum Ackno�vledgement
We hereby acknowledge receipf of and have fhoroughly examined the written
Addenda(s) issued prior to the bid date in association with this project. These Addenda
are numbered none through , inclusive. We further understand that
failure to fuliy list the numbers of ali published Addenda may cause the City to rejecf this
bid. Note: If no addenda were published for this projecf wrife "N/A" in blanks above.
Payment terms Net 3 0
Date Su6mitted: s/13/zols
39
63D FOR111
DiGESTER CLEA�ING- VUASTEyVATER TR�ATNiEP�7' PiAP]T
CITY OF OSHi{OSli
Page 2 of 2
Name of Company: Synagro Central, LLC
Submitied by: (name and title) mattnew Tabisz- Business Development Executive
Email addfess: mtabisz�synagro. com
Addresso#Company:a3s williams court suite loo Baltimore, MD z1z2o
443-489-9164
20
Bond No . 0185575
�y�p( BERKLEY SURETY GROUP, LLC
�e1 AU�IAINSU0.ANCECOMPANY�BERKLEVMID-ATLANTICGROUF�BERKLEVREGIONALINSURNNCECOMPANY
Carolina Casualty Insurance Company •COntinental Westem Group•Union Standard Insurance Group
ANNUAL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT SVNAGRO CENTRAL, LLC (hereinaIler
called the Principal). and BERKLEY INSURANCE COMPANV (hereinafter called the Surely), aze held and
firmly bound unto CINOFOSHKOSH (hereinafter called the Obligee), in the full
and just penal sam ot Slxry F've T�ousand arM 00/100 ($ ss,000.00 ) dollars to the payment of
wtuch sum, well and truly to be made, the said Principal and Surety bind themseh�es, and each of their l�eirs, adminisLrato�s,
executors, and assigns, jointly and severally, firmly by these presents.
WHEREAS, the above bounden Principal has entered in[o a certain written coniract with ihe above mentioned Obligec for
CityofOskhoshWastewaterTreatmeniPlaniDigesterCleaningPmlect-2015DigesterCleaning Wi11ChC0[i[IdCfISiIC[0b}�(CfC17Zd
to and made a part hereof as fully and to the same exten[ as if copied at length herein with annual renewal at Surery's discretioa
and
NOW, Tf�REFORE, THE CONDITION$ OF THE ABOVE OBLIGATION IS SUCH, that if the above bounden Principal shall
well and tiuly keeg do and perfomy each and every, all and singular, Ihe matters and ihings in said contract set forth and specified
to be by the said Principal kept, done and perfonned, at the time and in the manner in said co�tract specified during ihe term of this
bond, and sttall pay over, and make good and reimbuise to the above named Obligee, all loss and damage ��Mch said Obligee may
sustain b} �cason of failurc or default on the pari of Principal. then this obligation shall be void, othenvisc, to be and rem�in in full
force and effect for a period of hvelve months from effec[ive date.
PROVIDED, however, that this bond is subjeet to the following conditlons and provisions:
1. Tktis bond is for the annual term beginning June �s, 2ot5 and ending June �a, 2o1s and
may be con[inued at the oplion of the surety by colrtinuation certificate or replacement bond.
2. In the event of a default by the Principal in the perfonnance of tlie contract during the term of this bond, the Surety st�all be
liable only Cor tl�e loss to the Obligee due to actual excess costs of the contract up to Uie termination of this bond. The SureTy,
after imestigation, shall with ceasonable promptness determine the amount for which i[ may be liable to the Owner as soon as
practicable after the amount is detertnined, tender payment Iherefore to the Oumer, or find an acceptable principal to complete
Uie con[ract This bond does not provide coverage to am� indirecl loss or costs incurred by the Obligee including but not
limitcd to legal fecs, court wsts, expen fces or imetest.
3. No claim, actioq suit or proceeding except as hereinafter set forth, shall be had or maintained against the Surety on this
inshument unless same be broughi or instimted and process sen�ed upon the Surery within six months after [he espiration of
the stated term of [his bond.
4. Neither non-renewal by ihe Surety, nor failure, nor inability of the Principal io file a replacement bond siiall constitute loss to
the Obligec recoverable under Uns bond, not withstanding any language in the contract to the con[rary.
5. Tl�e bond may be extended for an additional year at the option of the Surcry, by Continuation Ccrtilicate executed by the
Surery.
6. This bond shall not be cumulative. Under no circumstances shall the Surety's liability exceed the penal sum stated herein.
7. No right of acuon shall accme on this bond to or for the use of any person, entiq or corporation other than the Obligee named
herein and this bond cannot be assigned [o any other par[y �;�ithout the written consent of Ihe Suiety.
Signed and sealed this uth day of dune , zou .
No. BI-78696
POWER OF ATTORNEY
BERKLEY INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The waming fouod elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly
'� organized and existing under the laws of the Stafe of Delaware, having its principal office in Greenwich, CT, has made, constituted
`6 and appointed, and does by these presents make, constitute and appoint: Annette Leuschner; Vfvian Carti; Cynlhin Farre(!;
v
ry Evmigelinn Dominick; Sundru Diaz; Ke[(y O'Mnlley; Debrn A. Deming; ar Jessicn laivvotta of Aon Risk Services Nor[henst,
'O Lec. of New York, NY its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal,
� acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing tha[
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� no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$SQ000,000.00), to the same extent as if such bonds
� s had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own
°�'�- properpersons.
v �
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� � This Power of Attomey shall be construed and enforced in accordance with, and govemed by, the laws of the State of Delaware,
;o � without giving effeet to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
°> �, resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010:
� �
– �
� r RESOLVED, that, with respect to the SureTy business written by Berkley Surety Group, the Chairman of the Board, Chief
i; Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant
^ Secretary are hereby authorized [o execute powers of attorney authorizing and qualifying [he attomey-imfact named therein
4: '
– to execute bo�ds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and [o affix the
3 � corporate seal of the Company to powers of attomey executed pursuant hereto; and said officers may remove any such
�-: attorney-in-fac[ and revoke any power of attomey previously granted; and further
�� RESOLVED, tha[ such power of attomey limits the acts of [hose named therein to [he bonds, undertakings, recognizances,
F�- or other sureryship obligations specifically named therein, and they have no au[hority to bind [he Company excep[ i� the
�� manner and to the extent therein stated; and further
L- RESOLVED, that such power of attorney revokes all previo�s powers issued on behalf of the attomey-in-fact named; and
s - further
�.5�� RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile [o any
._ = power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking recogniaance, or
y�, other suretyship obligation of the Company; and such signature and seal when so used shall have [he same force and effec[ as
�.= though manually affixed. The Company may continue to use for the p�rposes herein stated the facsimile signature of any
�= person or persons who shall have been such officer or officers of the Company, no[withstanding the fac[ that [hey may have
N= ceased to be such a[ the time when such instruments shall be issued.
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'" o IN WI7'NESS WHEREOF, the Com any has caus these 4re'sents [o be signed and attested by its appropriate officers and its
� Y corporate seal hereunto affixed this��c ay of dY'�'7`-�a�( , 2014.
�m r Attest � – Berkley Insurance Comp ny
« � / J;
o � (Seal) By �
c�° Ira S. Lederman J f �I. after
'� o Senior Vice President & Secretary S� ic President
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'O v WARNINf;: THIS POWER INVALID IF NOT PRINTED ON BLUE `BERKLEY" SECURITY PAPER.
a.�"
P' STATE OF CONIYECTICUT ) � � �
� ) ss:
"o � COUNTY OF FAIRFIELD )
s � /�
� Y Sworn to before me, a Notary Public in the State of Connecticut, this � day of �Yr"�'rY�f� 2014, by Ira S. Ledermao and
� r Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secretary and the Senior V' e Presiden[, respectively, of
� i Berkley Insurance Company. �RIAC. RUNOBAKEI4 1
Q = NOTARY PUBLIC ��/�,(� ,� �..,�gC��
v= h1VCOMMISSION EXPIRES ' Notary Poblic, State of Connecticut
z ._ APRIL 30, 2019
J _ CERTIFICATE
x� 1, the undersigned, Assistant Secretary of BERKLEY iNSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a
`= true, corzect and complete copy of the origioal Power of Attomey; that said Power of Attomey has not been revoked or rescinded
� and that the authority of the Attomey-in-Fact set forth therein, who executed the bond or undertaking to which this Power of
Attomey is attached, is in full force and effect as of this date. y�
Given under my hand and seal of the Company, this � day of ��4� q� _ � �/, �.
r —�
(Seal) _ ' �
Mic ael J. Hurl
BERKLEY INSURANCE COMPANY
STATUTORY BALANCE SHEET
DECEMBER 31, 2014
(AMOUNTS IN THOUSANDS)
Admitted Assets
Bonds
Common & Preferred Stocks
Cash & Short Term Investments
Premiums Receivable
Other Assets
Total Admitted Assets
Liabilities & Surplus
Loss & LAE Reserves
Unearned Premium Reserves
Other Liabilities
Total Liabilities
Capital Stock
Preferred Stock
Additional Paid In Capital
Unassigned Surplus
Total Policvholders' Sur l�us
Total Liabilities & Surolus
Officers:
President: W. Robert Berkley, Jr.
Secretary: lra Seth Lederman
Treasurer: Eugene George Ballard
$ 9,004,607
3,452,533
612,654
1,243,791
2,620,530
$ 16,934,115
$ 8,549,094
2,339,839
607.992
$ 11,496,925
$ 43,000
10
2,797,997
2,596,183
$ 5,437,190
$ 16,934J 15
Directors:
William Robert Berkley,
(Chairman)
W. Robert Berkley, Jr.
Eugene George Ballard
Paul James Hancock
CaroUosephine LaPunzina
Ira Seth Lederman
C. Fred Madsen