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CCR2009182-Agreement-Word
CITY OF MUSKEGO W182 S8200 RACINE AVENUE MUSKEGO, WI 53150 GENERAL CONTRACT PROVISIONS AND SPECIFICATIONS FOR REFUSE – PICKUP & TRANSPORTATION RECYCLING – PICKUP AND DISPOSAL FOR THE CITY OF MUSKEGO January 1, 2010 to December 31, 2014 (5 Year Contract) September 30, 2009 CITY OF MUSKEGO WISCONSIN OFFICIAL NOTICE ADVERTISEMENT FOR QUOTES FOR REFUSE – PICKUP & TRANSPORT RECYCLING – PICKUP & DISPOSAL Sealed quotes will be received by the Clerk/Treasurer’s Office located at Muskego City Hall, W182 S8200 Racine Avenue, Muskego, Wisconsin 53150, no later than 2:00 PM on Wednesday, November 18, 2009, for: THE COLLECTION & HAULING OF MUNICIPAL SOLID WASTE AND COLLECTION, HAULING & DISPOSAL OF RECYCLABLES GENERATED IN THE CITY OF MUSKEGO FOR SERVICE TO BE OFFERED FROM JANUARY 1, 2010 THROUGH DECEMBER 31, 2014 The City of Muskego reserves the right to reject any or all quotes, options or proposals, to waive any technicality in any quote or part thereof submitted, to accept any quote or option in whole or in part or combination thereof and to accept or reject any quote or option in whole or in part or combination thereof or to negotiate changes thereto and to accept or reject any quote not accompanied with all data or information as called for in the specifications thereon as may be deemed to be in the best interest and most advantageous to the City of Muskego. No quote shall be withdrawn after the opening of quotes without consent of the City of Muskego for a period of (60) days from date of quote opening. The City of Muskego will entertain questions concerning this request for proposal at a pre-submission meeting to be held at 10:00 AM on Thursday, November 5, 2009, in the Aldermen’s Room, Muskego City Hall, W182 S8200 Racine Avenue, Muskego, WI 53150. Any pertinent information communicated at the pre-submission meeting will be distributed to all vendors by an amendment. All proposers must use this written document, its attachments, and the information supplied via the pre-submission meeting as the sole basis for submitting a proposal. Copies of minimum specifications and proposals may be obtained by applying to the Engineering Services Division at 262-679-4145 or on-line at www.ci.muskego.wi.us. All quotes must be sealed and addressed to the City of Muskego’s City Clerk/Treasurer Department, W182 S8200 Racine Avenue, Muskego, Wisconsin 53150. There shall be clearly marked on the envelope of each quote the name and address of the bidder and in the lower left-hand corner the purpose for which the quote is intended. th Dated this 30 day of September, 2009 David Simpson, City Engineer CITY OF MUSKEGO 2 SPECIFICATIONS FOR REFUSE – PICKUP & TRANSPORT RECYCLING – PICKUP & DISPOSAL FOR THE CITY OF MUSKEGO IMPORTANT: This specification packet must be returned in its entirety to the City of Muskego, City Clerk/Treasurer’s Department in the Office of the City Clerk no later than 2:00 PM on Wednesday, November 18, 2009. ATTENTION BIDDER: Instructions per this specification must be adhered to. Quotes not sealed and marked as specified and without signatures where called for, may be rejected . 3 CITY OF MUSKEGO CONTRACT th THIS CONTRACT made this 30 day of December, 2009, by and between Veolia ES Solid Waste Midwest, LLC, herein called the “Contractor” and the City of Muskego, Wisconsin, hereinafter called the “City”. WITNESSETH that the Contractor and the City, for the consideration stated herein, agree as follows: 1. COMPONENT PART OF THIS 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 hereto attached: Definitions General Contract Provisions Payment Bond Specifications Performance Bond This Instrument Certificate of Insurance 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(s) which follows it numerically, except as may be otherwise specifically stated. This contract is intended to conform in all parts to applicable statutes, rules, regulations and other laws of the State of Wisconsin, and any other reviewing governmental bodies or agencies, in effect both now and in the future, and if any other part or provisions of the contract conflicts therewith, the above-noted laws shall govern. 2. DEFINITIONS The following terms as used in these contract documents are respectively as follows: PROJECT – The entire area within the City limits of the City of Muskego, as may be amended from time to time, to be serviced in whole or in part pursuant to the contract within. CITY – (Also OWNER) The contracting party initiating the project as set forth in the contract acting through its authorized representatives in accordance with specific duties delegated to such representatives. CONTRACTOR – The person, persons, firm or corporation to whom the written contract is awarded by the City and who is subject to the terms of said contract. Also, the agents, employees, workmen or assignees of said Contractor. SUBCONTRACTOR – A person, firm or corporation other than the Contractor, supplying labor and materials or labor only, on the work site of the project. 4 WORK – All work including materials, labor supervision and use of tools necessary to complete the project in full compliance with the terms of the contract. ENGINEER – City Engineer and/or members of the Engineering staff appointed by the City. SURETY – The person, firm or corporation that has executed, as surety, the Contractor’s Payment and Performance Bond(s), securing the performance of the written contract. SMALL AMOUNTS – A measure or quantity of solid waste equal in volume to one (1) 32 gallon container or less and weighing less than 80 pounds per pickup. SINGLE-FAMILY DWELLING UNIT – A single residential unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. MULTI-FAMILY DWELLING UNIT– Any residential type structure having more than two families in separate dwelling units including condominiums and 3 and 4 family apartments. TWO-FAMILY DWELLING UNIT– Any residential structure housing two families in separate dwelling units. This includes si ngle family attached. 3. SCOPE OF WORK The Contractor shall perform everything required to be performed and shall provide and furnish all labor and materials, tools, equipment and all utility and transportation services required for the weekly collection of all rubbish, garbage, and trashfrom residences in the City of Muskego, Wisconsin, the disposal thereof and the recycling activities as specified per this contract for a period of five (5) years all in accordance with their specifications. As this contract is only for pick-up and transport as to all nonrecyclable rubbish, garbage and trash (solid waste), the City designates that the contractor is required to dispose of all of said material at the Veolia ES Emerald Park Landfill, LLCLandfill located at W124 S10629 th 124 Street, Muskego, WI 53150. The above disposal requirement is pursuant to the landfill expansion agreement settled March 21, 2000, between the Superior Emerald Park Landfill Siting Committee and Superior Emerald Park Landfill, Inc. (now Veolia ES Emerald Park Landfill, LLC.). Under this agreement Veolia is obligated to accept certain municipal solid waste generated within the City of Muskego generally without charge and generally as set forth in Exhibit X attached hereto and made a part thereof. The specific contract documents are available upon request from the City of Muskego. 4. THE CONTRACT PRICE – WEEKLY REFUSE COLLECTION The City shall pay the Contractor for the performance of this contract, in current funds, at the following prices: a. SINGLE-FAMILY DWELLING UNIT (Includes commercial properties with living units) 5 January 1, 2010 – December 31, 2010 Estimated 7,860 residences @ $462,168 Per residence per year = $58.80 b. TWO-FAMILY DWELLING UNIT (Includes commercial properties with living units) January 1, 2010 – December 31, 2010 Estimated 376 residences @ $22,108.80 Per unit per year = $58.80 c. MULTI-FAMILY DWELLING UNITS SIX UNITS AND UNDER (Includes commercial properties with living units) January 1, 2010 – December 31, 2010 Estimated 70 occupied units @ $ 4,116.00 Per unit per year = $58.80 d. MUTI-FAMILY DWELLING UNITS - OVER SIX UNITS January 1, 2010 – December 31, 2010 Estimated 837 occupied units @ $49,215.60 Per unit per year = $58.80 TOTAL OF a + b + c + d = $537,608.40 At the end of the first year of the original term (December 31, 2010) and at the end of each calendar year thereafter, the amount per residential unit payable during the next commencing annual period shall be adjusted. The CPI adjustment for any one year shall be a minimum 2.5% but no greater than 6% as well as any increases in federal, state and/or local fees affecting the collection of any refuse/recycling material. Subject to the foregoing, the CPI adjustment shall be determined in accordance with the change in the Consumer Price Index” using the National CPI-U Index published by the Bureau of Labor Statistics Consumer Price Index (August to August) using the August Index published on or about September 15, 2009, as the base date and comparing it with the “Consumer Price Index” (National CPI-U Index) published in September of subsequent years, commencing with 2010. In each case annually, at the end of each calendar year, the amount payable per residential unit shall be adjusted in accordance with the foregoing only once for each annual period. Said changes, based on the CPI-U Index shall be reflected in the monthly payments commencing on January 2011. Additionally, rates are subject to a fuel surcharge. This surcharge establishes a base fuel price of $3.00 per gallon. For each $.10 per gallon increase above the base fuel price the monthly rate will increase .5%. This adjustment will be made on a monthly basis. The average diesel fuel price will be taken from the Energy Information Administration of the United States Department of Energy (DOE) Midwest th Region http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp on or about the 15 of each month (for that month’s invoice). The fuel surcharge will be reviewed monthly, and if applicable, be billed as a separate line item on the invoice. If mutually agreed by the parties, a different source may be used to determine the average diesel fuel price. e. CONTAINERS AT CITY-OWNED LOCATIONS January 1, 2010 – December 31, 2014 6 This work shall include the furnishing and weekly emptying of suitable containers at the following city-owned buildings: # pick-# address ups/week containers size dates months Muskego City Hall W182 S8200 Racine Avenue 1 1 6 yard 1/01 - 12/31 12 Muskego Police Dept. W183 S8150 Racine Avenue 1 1 8 yard 1/01 - 12/31 12 Muskego Public Library S73 W16663 Janesville Road 1 1 4 yard 1/01 - 12/31 12 Muskego City Garage W189 S8285 Mercury Drive 1 1 8 yard 1/01 - 12/31 12 Payment for this item shall be included in the cost of items 4.(a) through (d) above and no extra payment will be made for this work. f. MUSKEGO CITY PARK FACILITIES # pick-# # of address ups/week containers size dates months Parks Maintenance Shop W180 S7732 Pioneer Drive 1 2 8 yard 1/01 - 12/31 12 Horn Field S79 W18200 Horn Park Drive 1 1 4 yard 1/01 - 12/31 12 Mill Valley W191 S6445 Hillendale Drive 1 2 4 yard 4/01 - 10/31 7 Manchester Hill Park W167 S7650 Parkland Drive 1 1 4 yard 1/01 - 12/31 12 Veterans Memorial Park W182 S8200 Racine Avenue 1 1 4 yard 1/01 - 12/31 12 Baylane S75 W16399 Hilltop Drive 1 1 4 yard 4/01 - 8/31 5 Kurth Park S70 W14415 Belmont Drive 1 2 4 yard 1/01 - 12/31 12 Bluhm Farm Park S77 W13607 McShane Drive 1 2 4 yard 1/01 - 12/31 12 Big Muskego Launch S82 W13783 Durham Drive 1 1 4 yard 1/01 - 12/31 12 Boxhorn Launch S90 W13960 Boxhorn Drive 1 1 4 yard 1/01 - 12/31 12 Denoon Park W216 S10798 Crowbar Road 1 3 4 yard 1/01 - 12/31 12 Idle Isle Park W182 S6666 Hardtke Drive 2 2 4 yard 1/01 - 12/31 12 Park Arthur (future) S63 W17833 College Avenue 1 4 4 yard 1/01 - 12/31 12 Old Settlement Center W180 S8100 Racine Avenue 1 1 4 yard 1/01 - 12/31 12 Moorland Park W154 S7105 Moorland Road 1 1 4 yard 1/01 – 12/31 12 Muskego Canal Boat 1 1 4 yard 1/01 – 12/31 12 Landing Highway 36 & Muskego Canal Total pick-ups/week & containers 17 26 Payment for this item 4.(e) and (f) shall be included in the cost of items 4.(a) through (d) above and no extra payment will be made for this work. It is understood that if there are any additional parks created, that these requirements would be noted in the monthly report of additions/deletions. g. FIRE STATIONS # pick-# address ups/week containers size dates months Tess Corners VFD - #1 W144 S6731 Tess Corners Dr. 1 1 4 yd. 1/01 – 12/31 12 Tess Corners VFD - #2 S100 W13444 Loomis Dr. 1 1 2 yd. 1/01 – 12/31 12 7 Tess Corners VFD - #3 S76 W17858 Janesville Road 1 1 4 yard 1/01 - 12/31 12 Tess Corners VFD - #4 W195 S10030 Racine Avenue 1 1 2 yard 1/01 - 12/31 12 Payment for this item shall be included in the cost of items 4.(a) through (d) above and no extra payment will be made for this work. MANDATORY ALTERNATE #1 MUSKEGO/NORWAY SCHOOL DISTRICT REFUSE: # pick-# address ups/week containers size dates months Lake Denoon School W216 S10586 Crowbar Rd. 3 1 8 yd. 1/01 – 12/31 12 Lakeview School 26335 Fries Lane, W.L. 1 1 8 yd. 1/01 – 12/31 12 Mill Valley School W191 S6445 Hillendale Dr. 1 1 8 yd. 1/01 – 12/31 12 Bay Lane School S75 W16399 Hilltop Dr. 3 2 8yd. 1/01 – 12/31 12 Tess Corners School W147 S6800 Durham Dr. 2 1 6 yd. 1/01 – 12/31 12 “ “ “ “ “ “ 1 1 2 yd. 1/01 – 12/31 12 Muskego Elem. School S75 W17476 Janesville Rd. 3 1 8 yd. 1/01 – 12/31 12 Muskego High School W183 S8750 Racine Avenue 3 1 8 yd. 1/01 – 12/31 12 “ “ “ “ “ “ 1 1 2 yd. 1/01 – 12/31 12 “ “ “ “ “ “ 5 1 8 yd. 1/01 – 12/31 12 RECYCLING: # pick-# address ups/week containers size dates months Lake Denoon School W216 S10586 Crowbar Rd. 1 1 8 yd. 1/01-12/31 12 “ “ “ “ “ “ 1 3 95 Gal. toter 1/01-12/31 12 Lakeview School 26335 Fries Lane, W.L. 1 1 6 yd. 1/01-12/31 12 “ “ “ “ “ “ 1 1 95 Gal. toter 1/01-12/31 12 Mill Valley School W191 S6445 Hillendale Dr. 1 1 4 yd. 1/01-12/31 12 “ “ “ “ “ “ 1 1 95 Gal. toter 1/01-12/31 12 Bay Lane School S75 W16399 Hilltop Dr. 1 1 8yd. 1/01-12/31 12 “ “ “ “ “ “ 1 3 95 Gal. toter 1/01-12/31 12 Tess Corners School W147 S6800 Durham Dr. 1 1 4 yd. 1/01-12/31 12 “ “ “ “ “ “ 1 2 95 Gal. toter 1/01-12/31 12 Muskego Elem. School S75 W17476 Janesville Rd. 1 1 2 yd. 1/01-12/31 12 “ “ “ “ “ “ 1 1 95 Gal. toter 1/01-12/31 12 Muskego High School W183 S8750 Racine Avenue 2 1 8 yd. 1/01-12/31 12 “ “ “ “ “ “ 1 6 95 Gal. Toter 1/01-12-31 12 Total Cost Refuse & Recycling for Schools: $31,200 8 At the end of the first year of the original term (December 31, 2010) and at the end of each calendar year thereafter, the amount per residential unit payable during the next commencing annual period shall be adjusted. The CPI adjustment for any one year shall be a minimum 2.5% but no greater than 6% as well as any increases in federal, state and/or local fees affecting the collection of any refuse/recycling material. Subject to the foregoing, the CPI adjustment shall be determined in accordance with the change in the Consumer Price Index” using the National CPI-U Index published by the Bureau of Labor Statistics Consumer Price Index (August to August) using the August Index published on or about September 15, 2009, as the base date and comparing it with the “Consumer Price Index” (National CPI-U Index) published in September of subsequent years, commencing with 2010. . In each case annually, at the end of each calendar year, the amount payable per residential unit shall be adjusted in accordance with the foregoing only once for each annual period. Said changes, based on the CPI-U Index shall be reflected in the monthly payments commencing on January 2011. Additionally, rates are subject to a fuel surcharge. This surcharge establishes a base fuel price of $3.00 per gallon. For each $.10 per gallon increase above the base fuel price the monthly rate will increase .5%. This adjustment will be made on a monthly basis. The average diesel fuel price will be taken from the Energy Information Administration of the United States Department of Energy (DOE) Midwest th Region http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp on or about the 15 of each month (for that month’s invoice). The fuel surcharge will be reviewed monthly, and if applicable, be billed as a separate line item on the invoice. If mutually agreed by the parties, a different source may be used to determine the average diesel fuel price. i. FESTIVAL REQUIREMENTS The Contractor shall provide up to four (4) 30 yard roll-off containers for use during the City of Muskego’s Community Festival which is held the last weekend before Labor Day. Delivery shall be no later than 12:00 noon on the Friday preceding. At lest one (1) container shall remain for festival cleanup through the Tuesday after the festival. Payment for this item shall be included in the cost of items 4.(a) through (d) above and no extra payment will be made for this work. j. PROSECUTION OF CONTRACT The Contractor agrees to commence work under this contract on January 1, 2010. The foregoing quantities of items are approximately only and payment will be made only on the actual quantities of work completed, measured on the basis defined in the Contract Specifications and at unit prices as stated previously. k. PRE-SUBMISSION MEETING The City of Muskego will entertain questions concerning this request for proposal at a pre-submission meeting to be held at 10:00 AM, on Thursday, November 5, 2009, in the Aldermen’s Room, Muskego City Hall, W182 S8200 Racine Avenue, Muskego, WI 53150. Any pertinent information communicated at the pre-submission meeting will be distributed to all vendors by an amendment. 9 5. SPECIFICATIONS a. PURPOSE The purpose of this contract is to effect the removal of all garbage, trash, refuse, rubbish, and other disposal items (municipal solid waste) from the residences (single-multi family) and City-owned buildings in the City of Muskego and to dispose of same. Included therein, not limited by, is the below list of items: 1. Bagged, tied or sealed garbage. 2. Small appliances (toasters, radios, etc.). 3. Small furniture (3’x 5’or smaller). 4. Small amounts of stone, rubble, earth, and sod – in containers. 5. Small auto parts if in containers (mufflers, etc.) other than within cardboard boxes. 6. Minor construction debris – limit one 32-gallon container or equivalent. 7. Non-recyclable plastic and foam materials. 8. One (1) tire per week per residence. 9. Large furniture (residents must contact Contractor for pickup) 10. Large appliances (washers, dryers, refrigerators, etc.) (residents must contact Contractor for pickup) 11. Christmas Trees The following items need not be picked up: 1. Large amounts of stone, concrete, rubble, earth or sod. 2. Containers over 32 gallons and/or over 80 pounds. 3. Construction debris except as noted in #6 above. 4. Large auto parts (engine blocks, heads, fenders). 5. Toxic or hazardous waste. 6. Motor Oil. 7. Grass clippings. 8. Brush & Leaves (Small amounts of yard waste, brush and leaves commingled with normal household refuse shall be deemed acceptable) 9. All recyclable materials. 10. Automobile Batteries b. MIXED REFUSE The Contractor has the right to refuse to pick up refuse if it contains large amounts of recyclable material. In such cases, the contractor shall notify the generator by affixing a notice to the material container and shall notify the City of Muskego Public Works Department on a weekly basis of the addresses involved. c. CONTAINERS All refuse placed in containers of not more than 32 gallons capacity shall be picked up. No containers weighing more than 80 pounds need be picked up. Containers shall have tapered sides for easy removal. Cardboard-type containers are not acceptable. Contractor shall instruct employees to return all 10 containers to point of pickup in an orderly manner and in an upright condition with cover placed on top. All containers shall be returned to the cart if carts are provided by the residents. Contractors are alerted that more than one type of container may already be owned by various condominium associations and the Contractor will be responsible for emptying the containers previously in use regardless of type. Some condominiums may choose to have individual unit containers (garbage cans). d. TIME AND LOCATION OF PICKUP The aforementioned refuse shall be removed by the Contractor at regular intervals by calling at each place of residence once a week. All pickups shall be on a regularly scheduled basis with each unit being served on the same day of each week and approximately the same time of day unless adjustments in the schedule are approved by the Superintendent of Public Works or his authorized representative. All pickups shall be between the hours of 7:00 a.m. and 6:00 p.m. All refuse shall be picked up at the driveway entrance within five (5) feet of the curb line or edge of street or road. e. UNDERCONSTRUCTED ROADS Collection of refuse/recycling on underconstructed roadways, alleys, and light vehicle side streets shall be collected with light weight vehicles that will not cause damage or significant wear to the under-constructed roads. These vehicles shall be smaller than or equivalent to the weight of a standard half-ton pickup truck. Collection in these areas shall be similar to 5 d. above. Contactor shall receive no additional compensation other than that in 4 a. through d. above. See attached map which shows all current roadways for which this section applies. f. MAP Contractor shall provide refuse/recycling pick up in accordance with the current schedule of pickup for the period of January 1, 2010 to March 31, 2010. Within thirty (30) days of the commencement of the contract, the Contractor shall submit a proposed route schedule map to the City for approval. No changes to this map will be permitted without written City approval. g. WEBSITE Contractor shall create, maintain and operate a refuse/recycling pick up webpage (note that all recycling information is only required if awarded recycling alternate) dedicated to informing the residents of the City of Muskego of all pertinent information regarding the refuse/recycling pick up program. This webpage shall include at a minimum the following information: i. Recycling and refuse collection route maps ii. Contact information for complaints, questions, and concerns which shall include name/s, phone number, fax number, address, and e-mail address iii. What and how to recycle information iv. Information related to pick-up schedules being affected by holidays v. Information related to the yard waste drop off site/s 11 Payment for this item shall be included in the cost of items 4.(a) through (d) and no extra payment will be made for this work. h. COMPLAINTS Complaints on pickups shall be handled as follows: Complaints shall be directed directly to the appropriate contact person designated by the Contractor. Should the complaint remain unresolved, the Superintendent, or his designee, shall notify Contractor as soon as possible. It is expected that complaints, determined by the Public Works Superintendent to require action and thus received by the Contractor, will be handled on the day received. The Contractor will be charged $50.00 each day for each day’s complaints not handled within the prescribed time. Complaints shall be logged and available for inspection by the City upon request. i. HANDICAP PRIVILEGES The City will provide the Contractor with a list of properties that have been given Handicap Privileges whereby the Contractor will pickup refuse/recycling at the end of their garage. Proof of handicap is required by the City and kept on record in the office of the Superintendent of Public Works. Updates will be given to the Contractor on an as needed basis. j. BASIS FOR PAYMENT 1. Single, Two-Family and Multi-Family Units (Six Units and Under and Over Six Units). Single, two-family and multi-family residential payments shall be made on the basis of a unit cost per residence, the number of residences to be determined by the number of residences as of January 1, 2010, and adjusted on a monthly basis with a report generated by the City of Muskego and transmitted to the Contractor showing the number of occupancy permits, as well as disconnects as a result of nonuse of a building, issued by the City for the previous month. A physical unit count will prevail if there are any discrepancies. 2. Combined Commercial & Residential Units In instances where there is a single family residence in combination with a commercial or business establishment, pickup from the residence shall be limited to not more than the equivalent of four 32 gallon garbage cans per week. For needs exceeding that noted above, arrangements are to be made with the individual concerned for private disposal service at which time the residential service will be discontinued. The contractor will be notified monthly of each service reduction. 6. RESIDENTIAL & CITY FACILITIES CURBSIDE RECYCLING AND PROCESSING 12 A. In addition to the collection and transportation to Veolia ES Emerald Park Landfill, for disposal of household refuse, the Contractor shall collect at curbside and provide the processing for the following recyclable materials: 1. Clear, brown and green glass 2. Tin cans 3. Bi-Metal cans 4. Newspaper 5. Aluminum 6. Plastic containers 7. Magazines 8. Foam P.S. packaging 9. Cardboard B. Recyclables will be placed at curbside using the existing 64-gallon cart/s previously furnished by the City of Muskego. Contractor shall supply all new and additional customers a 64- gallon cart similar in fashion to the style previously supplied to the City, as determined by the Superintendent of Public Works. The containers shall be the same style and color as the existing containers and shall read “ The City of Muskego Recycles”. No additional language or advertising will be allowed on the containers without written permission from the City of Muskego. All carts previously provided that become damaged due to normal “wear and tear” shall be replaced at the Contractor’s expense. C. Contractor to supply 18-gallon recycling bins to Condominiums in lieu of the 64-gallon recycling cart where and in an amount as determined by the Superintendent of Public Works for the City of Muskego. D. Additions and Deletions: The City of Muskego and Contractor must mutually agree to add or delete recyclable items in accordance with state and federal law and to add or delete them from the collection service provided under this contract. No additional payment shall be made for said additions or deletions. Written notice shall be provided to the contractor of such additions or deletions and to the service recipients by the City of Muskego. E. Upon collection, all recyclables will become the property of the Contractor if being disposed at contractor’s facility and all revenues received from the proper sale and processing of said recyclables shall be retained by the Contactor. No recyclables shall be disposed of in a landfill or similar disposal site or in any illegal manner. F. Recycling Program – Contractor shall, at its sole cost, reimburse the City for it’s share of a newsletter insert on Recycling in conjunction with the City’s newsletter, which is now included with the Muskego Parks & Recreation Program Guide, three times per year, or a lesser frequency determined by the City. In addition to the cost of publishing, contractor shall pay 50% of the cost of distribution of the combined City Muskego Parks & Recreation Program Guide with the Recycling insert. This cost will vary from year to year, but the approximate total cost for the year 2008 was $3,250. MANDATORY ALTERNATE #2 13 1. THE CONTRACT PRICE FOR BI-WEEKLY PICKUP OF RECYCLABLES TO BE TRANSPORTED TO SELECTED CONTRACTOR’S VENDOR a. SINGLE-FAMILY DWELLING UNITS January 1, 2010 – December 31, 2010 Estimated 7,860 residences @ $216,936 Per residence per year = $27.60 b. TWO-FAMILY DWELLING UNITS January 1, 2010 – December 31, 2010 Estimated 376 residences @ $10,377.60 Per unit per year = $27.60 c. MULTI-FAMILY DWELLING UNITS SIX UNITS AND UNDER January 1, 2010 – December 31, 2010 Estimated 70 occupied units @ $1,932 Per unit per year = $27.60 d. MUTI-FAMILY DWELLING UNITS OVER SIX UNITS January 1, 2010 – December 31, 2010 Estimated 837 occupied units @ $23,101.20 Per unit per year = $27.60 TOTAL OF a + b +c + d = $252,346.80 At the end of the first year of the original term (December 31, 2010) and at the end of each calendar year thereafter, the amount per residential unit payable during the next commencing annual period shall be adjusted. The CPI adjustment for any one year shall be a minimum 2.5% but no greater than 6% as well as any increases in federal, state and/or local fees affecting the collection of any refuse/recycling material. Subject to the foregoing, the CPI adjustment shall be determined in accordance with the change in the Consumer Price Index” using the National CPI-U Index published by the Bureau of Labor Statistics Consumer Price Index (August to August) using the August Index published on or about September 15, 2009, as the base date and comparing it with the “Consumer Price Index” (National CPI-U Index) published in September of subsequent years, commencing with 2010. In each case annually, at the end of each calendar year, the amount payable per residential unit shall be adjusted in accordance with the foregoing only once for each annual period. Said changes, based on the CPI-U Index shall be reflected in the monthly payments commencing on January 2011. Additionally, rates are subject to a fuel surcharge. This surcharge establishes a base fuel price of $3.00 per gallon. For each $.10 per gallon increase above the base fuel price the monthly rate will increase .5%. This adjustment will be made on a monthly basis. The average diesel fuel price will be taken from the Energy Information Administration of the United States Department of Energy (DOE) Midwest th Region http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp on or about the 15 of each month (for that month’s invoice). The fuel surcharge will be reviewed monthly, and if applicable, be billed as a separate line item on the invoice. If mutually agreed by the parties, a different source may be used to determine the average diesel fuel price. MANDATORY ALTERNATE #3 14 2. THE CONTRACT PRICE FOR MONTHLY PICKUP OF RECYCLABLES TO BE TRANSPORTED TO SELECTED CONTRACTOR’S VENDOR a. SINGLE-FAMILY DWELLING UNITS January 1, 2010 – December 31, 2010 Estimated 7,860 residences @ $______________ Per residence per year = $ _____________ b. TWO-FAMILY DWELLING UNITS January 1, 2010 – December 31, 2010 Estimated 376 residences @ $ ______________ Per unit per year = $ ______________ c. MULTI-FAMILY DWELLING UNITS - SIX UNITS AND UNDER January 1, 2010 – December 31, 2010 Estimated 70 occupied units @ $ _______________ Per unit per year = $ ________________ d. MUTI-FAMILY DWELLING UNITS - OVER SIX UNITS January 1, 2010 – December 31, 2010 Estimated 837 occupied units @ $ _______________ Per unit per year = $ _______________ TOTAL OF a + b +c + d = $ ____________________ 3. CONTAINERS AT CITY-OWNED LOCATIONS January 1, 2010 – December 31, 2014 This work shall include the furnishing and emptying of suitable containers at the following city-owned buildings: # pick-# address ups/week containers size dates months Muskego City Hall W182 S8200 Racine Avenue 1 1 4 yard 1/01 - 12/31 12 “ “ 1 toter 64 gal “ 12 Muskego Police Dept. W183 S8150 Racine Avenue 1 1 4 yard 1/01 - 12/31 12 1 toter 64 gal “ “ Muskego Public Library S73 W16663 Janesville Road 1 1 4 yard 1/01 - 12/31 12 1 toter 64 gal “ “ Muskego City Garage W189 S8285 Mercury Drive 1 1 4 yard 1/01 - 12/31 12 1 toter 64 gal “ 12 Payment for this item shall be included in the cost of Alternate Items #2 or #3 depending upon which is awarded, above and no extra payment will be made for this work. 15 MUSKEGO CITY PARK FACILITIES # pick-# # of address ups/week containers size dates months Horn Field S79 W18200 Horn Park Drive 1 1 2 yd 1/01 - 12/31 12 Manchester Hill Park W167 S7650 Parkland Drive 1 1 2 yd 1/01 - 12/31 12 Veterans Memorial Park W182 S8200 Racine Avenue 1 1 2 yd 1/01 - 12/31 12 Bluhm Farm Park S77 W13607 McShane Drive 1 2 2 yd 1/01 - 12/31 12 Big Muskego Launch S82 W13783 Durham Drive 1 1 2 yd 1/01 - 12/31 12 Boxhorn Launch S90 W13960 Boxhorn Drive 1 1 2 yd 1/01 - 12/31 12 Denoon Park W216 S10798 Crowbar Road 1 3 2 yd 1/01 - 12/31 12 Idle Isle Park W182 S6666 Hardtke Drive 2 2 2 yd 1/01 - 12/31 12 Park Arthur (future) S63 W17833 College Avenue 1 4 2 yd 1/01 - 12/31 12 Old Settlement Center W180 S8100 Racine Avenue 1 1 2 yd 1/01 - 12/31 12 Moorland Park W154 S7105 Moorland Road 1 1 2 yd 1/01 – 12/31 12 Total pick-ups/week & containers 12 18 Payment for this item shall be included in the cost of Alternate Items #2 or #3 depending upon which is awarded, above and no extra payment will be made for this work. FIRE STATIONS # pick-# address ups/week containers size dates months Tess Corners VFD - #1 W144 S6731 Tess Corners Dr. 1 1 4 yard 1/01 - 12/31 12 1 toter 64 gal. “ “ Tess Corners VFD - #2 S100 W13444 Loomis Dr. 1 1 4 yard 1/01 - 12/31 12 1 toter 64 gal. “ “ Tess Corners VFD - #3 S76 W17858 Janesville Road 1 1 4 yard 1/01 - 12/31 12 1 toter 64 gal. “ “ Tess Corners VFD - #4 W195 S10030 Racine Avenue 1 1 4 yard 1/01 - 12/31 12 1 toter 64 gal. “ “ Payment for this item shall be included in the cost of Alternate Items #2 or #3 depending upon which is awarded, above and no extra payment will be made for this work. 8. YARD WASTE DROP OFF SITE/S MANDATORY ALTERNATE #4 ONE (1) YARD WASTE DROP OFF SITE Contractor shall furnish a location in the City of Muskego for Saturday residential yard waste drop-off. Hours of operation shall be from 7:00am to noon every Saturday from the first Saturday in March to the second Saturday of December. Contractor shall be allowed to close the yard waste site for three (3) predetermined holidays/occasions per year. These closing must be posted at the site at a minimum of three (3) weeks prior to the closure as well as on the web- site. The site shall be agreed upon by Contractor and City of Muskego and located within one 16 (1) mile of the intersection of Janesville Road and Lannon Drive. Contractor shall furnish the suitable containers to accommodate yard waste. Yearly cost for drop-off center for yard waste Alternate #4: $15,362 MANDATORY ALTERNATE #5 TWO (2) YARD WASTE DROP OFF SITES Contractor shall furnish two (2) locations in the City of Muskego for Saturday residential yard waste drop-off. Hours of operation shall be from 7:00am to noon every Saturday from the first Saturday in March to the second Saturday of December. Contractor shall be allowed to close the yard waste sites for three (3) predetermined holidays/occasions per year. These closing must be posted at the sites at a minimum of three (3) weeks prior to the closure as well as on the web-site. The sites shall be agreed upon by Contractor and City of Muskego. One site shall be located within one (1) mile of the intersection of Janesville Road and Racine Avenue. The second site shall be located within one (1) mile of the intersection of Janesville Road and Tess Corners Drive. Contractor shall furnish the suitable containers to accommodate yard waste. Yearly cost for drop-off centers for yard waste Alternate #5: $ ______________ 9. REPORTING REQUIREMENTS The Contractor is required to maintain records and report in writing to the City of Muskego at least semi-annually (July 5 for current year and January 15 for previous year). Reports shall include: the amount of recyclables collected and transported from the municipality (in tons); the amount of recyclables processed and/or marketed by item type from the municipality; gross revenues received by the Contractor from its sale of recyclables collected under the agreement by item type; and the final disposal location of recyclable material. The determination of these various volumes and/or weights or recyclable materials may be done using the State of Wisconsin Department of Natural Resources “Guidance for Determining Weights and/or Volumes of Recyclable Materials”, latest revision Failure to report shall be cause for the municipality to revoke any license or terminate any contract with the Contractor. The City shall have the right to inspect all records of Contractor pertaining to required report subject to and including records from any disposal site or processing facility operator utilized by the Contractor. 10. SUMMARY OF COSTS: Summary costs of all items:: 1. Weekly refuse collection (4. a. through d.) $ 537,608.40 2. Mandatory Alternate #1- School District $31,200 3. Mandatory Alternate #2- Recycling Bi-Weekly $252,346.80 4. Mandatory Alternate #3- Recycling Monthly $_________________ 17 5. Mandatory Alternate #4- One Yard Waste Drop Off Site $15,362 6. Mandatory Alternate #5- Two Yard Waste Drop Off Sites $_________________ 11. ALTERNATE METHODS The City of Muskego is willing to explore additional alternate methods for the collection of curbside refuse and/or recyclables and the proper disposal and recycling of same. Contractors having a methodology not described herein may, as Alternate #6, include a description complete with appropriate costs on company letterhead and attach to this bid at the time of submittal. 12. CONTRACT SECURITY The Contractor shall furnish surety Performance bond(s) in the amount equal to the value of the base contract including any alternate additions or deductions for the period January 1, 2010 to December 31, 2014, as security for the faithful performance of the contract. This bond may be renewed on not less than a yearly basis in amounts equal to the base contract value for the year of renewal. All Surety Bond(s) shall be on the forms provided in the specifications. Irrevocable Letters of Credit may be approved, but only in a form acceptable to the City. 13. CONTRACTOR’S INSURANCE The Contractor shall not commence work under this contract until he has obtained all insurance required under this subsection and such insurance has been approved by the City, nor shall the Contractor allow any subcontractor to commence work on his sub-contract until all similar insurance required of the subcontractor has been approved. All Certificates of Insurance shall be submitted on the forms provided in the specifications. ACORD © forms will not be allowed. Worker’s Compensation Insurance The Contractor shall take out and maintain during the life of this contract and before any work is commences, Worker’s Compensation Insurance for all of his employees employed on the project and in case any work is sublet, the contractor shall require the sub-contractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. In any case any class of employees engaged in work under this contract at the site of the project is not protected under the Worker’s Compensation Statute, the Contractor shall provide Employer’s Liability Insurance for the protection of his employees not protected by the Worker’s Compensation Statute. Liability Insurance Contractor shall provide coverage for not less than the following amounts, or greater where required by Law or Regulations: 1. Workers’ Compensation and related coverages: a. State Statutory b. Applicable Federal (e.g., Longshoreman’s) Statutory c. Employer’s Liability $100,000/500,000/100,000 18 2. Contractor’s General Liability shall include Premises-Operations: Independent Contractors’ Protection; Products Liability and Completed Operations; “Broad Form Property Damage; Blanket Contractual Coverage: a. General Aggregate (per project) $2,000,000 (Except Products-Completed Operations): b. Products-Completed Operations Aggregate $2,000,000 per Project): c. Personal and Advertising Injury $2,000,000 per Occurrence) d. Each Occurrence $2,000,000 (Bodily Injury and Property Damage): e. Medical Expense (per Person); $5,000 f. Fire Damage: $50,000 g. Personal Injury Liability Coverage will include Claims arising out of Employment. h. Exclusions of Coverage for Property in Contractor’s Care, Custody or control will be eliminated. i. Property Damage Liability Insurance will provide coverage for Explosion, Coverage and Underground Damage. 3. Automobile Liability: a. A combined single limit for bodily injury and property damages of: $2,000,000 4. The Contractual Liability coverage shall provide coverage for not less than the following amounts a. Bodily Injury: Each Accident: $2,000,000 Annual Aggregate: $2,000,000 b. Property Damage Each Accident: $2,000,000 Annual Aggregate: $2,000,000 5. General Liability and CONTRACTOR’s liability coverage shall be written on an occurrence. 6. Liability coverage for OWNER and others listed will be provided (does not apply to professional liability): a. By endorsement as additional insureds on Contractor’s General Liability, Auto Liability, and Umbrella policies. b. Name and address of persons or entities to list as additional insureds under the required liability policies: City of Muskego W182 S8200 Racine Avenue 19 P.O. Box 0749 Muskego, WI 53150-0749 7. Excess Liability (Umbrella): General Aggregate: $5,000,000 Each Occurrence $5,000,000 The Contractor shall file a certificate of insurance containing a thirty (30) day prior notice of cancellation, in a form and content acceptable to the City. 14. PROOF OF CARRYING INSURANCE The Contractor shall furnish the City with satisfactory proof of carriage of the insurance required with a reliable company or companies with an A.M.Best rating of A- or better, before commencing any work. Such proof shall consist of a certificate executed by the respective insurance companies and filed with the City. The Contractor shall also submit the original insurance policies for inspection and approval of the City before work is commenced. Said insurance shall not thereafter be canceled, permitted to expire or be changed without written notice of at least thirty (30) days in advance to the City and consented to by the City. 15. PERMITS AND COMPLIANCE WITH LAWS The Contractor shall procure and pay for all permits, licenses and bonds necessary for the prosecution of the work required by Municipal, State and Federal regulations and laws, unless specifically provided otherwise in the contract specifications. The Contractor shall give all notices, pay all fees and comply with all Federal, State and Municipal Laws, ordinances, rules and regulations and codes bearing on the conduct of the work. This contract as to all matters not particularly referred to and defined herein, shall notwithstanding, be subject to the provisions of all pertinent ordinances of the municipality within whose limits the work is performed, which ordinances are hereby made a part hereof with the same force and effect as if specifically set out herein. 16. SUB-CONTRACTS The Contractor shall not subcontract any of the Contractor’s obligations under this contract without the written consent of the City. The Contractor agrees to be fully responsible to the City for the acts of omissions of his sub-contractors and of anyone employed directly or indirectly by him or them and this contract obligation shall be in addition to the liability imposed by law upon the Contractor. Nothing contained in the contract documents shall create any contractual relationship between any sub-contractor and the City. The Contractor agrees to bind every sub-contractor (and every sub-contractor of a sub- contractor) by the terms of this Contract as far as applicable to his work, unless specifically noted to the contrary in a sub-contract approved in writing as adequate by the City. 20 All subcontracts approved by the City shall be accompanied by a Surety Payment Bond(s) on the forms attached to the Specifications and shall be equal to the full amount of the Subcontract. Surety Payment Bond (s) shall be renewed at intervals of not less than once per year. 17. ASSIGNMENT OF CONTRACT No assignment by the Contractor of any principal contract or any part thereof or the funds to be received thereunder by the Contractor, will be recognized unless such assignments has had written approval of the City and the Surety has been given due notice of such assignment and has furnished written consent thereto. Such written approval by the City shall not relieve the Contractor of the obligations incurred by him under the terms of this contract. In addition to the usual recitals in assignment contracts, the following language must be set forth: “It is agreed that the funds to be paid to the assignee under this assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor of all persons, firms or corporations rendering such services or supplying such materials.” Assignment for the purposes of this contract shall also mean sale of the Contractor’s business to other than its current principal owners and/or stockholders. 18. SUPERINTENDENCE The Contractor shall give his personal superintendence to the work or have available at all times, a competent foreman, superintendent or other representative satisfactory to the City and having authority to act for the Contractor. Insofar as it is practicable and excepting in the event of discharge by the Contractor or in the event of proven incompetence, the individual who has been accepted to represent the Contractor shall so act, and shall follow without delay instructions of the Public Works Superintendent in the prosecution of the work in conformity with the Contract. 19. USE OF JOB SITE The Contractor shall confine his equipment, apparatus, the storage of materials and operations of his workmen to limits indicated by law, ordinances, permits or direction by the City and shall not encumber the premises with his materials. The Contractor shall not load or permit any part of a structure to be loaded with a weight that will endanger its safety. 20. USE OF PRIVATE LAND The Contractor shall not use any vacant lot or private land within the City of Muskego as a spoil site without written authorization of the owner of the land (or his agent) and approval by the City. A copy of the authorization shall be filed with the owner for his approval. 21. LABOR 21 The Contractor shall employ none but competent and skilled workmen and foremen in the conduct of work on this contract. The City shall have the authority to order the removal of any Contractor’s employee who refuses or neglects to obey any of its instructions, or those of the Superintendent of Public Works or his designee relating to the carrying out of the provisions and intent of the provisions of the contract, or who is incompetent, unfaithful, elusive, threatening or disorderly in his conduct and any such person shall not again be employed on this project. Contractor agrees to indemnify and hold harmless the City of Muskego from suits resulting in removal of workers for reasons listed above. 22. DAMAGE The Contractor will be responsible for any and all damage to property, public or private, that may be caused by its operations in the performance of this contract, and the contractor shall defend any suit that may be brought against itself or the City and its agents, representatives and employees on account of damage inflicted by his operations and shall pay any judgments awarded to cover such damage. The Contractor shall defend any claims, hold the City and its agents, representatives and employees harmless from any liability, and indemnify the City and its agents, representatives and employees for any loss arising out of or occasioned by the Contractor’s performance of this contract. Said defense shall be at no cost to the City of Muskego and its agents, representatives and employees. 23. PAYMENTS The Contractor may submit periodically, but not more than once each month, a request for payment for work done The Contractor shall furnish the City Clerk/Treasurer all reasonable facilities required from any liability, and indemnify the City for any loss arising out of or occasioned by the Contractor’s performance of this contract. 24. DEDUCTION FOR UNCORRECTED WORK If the City deems it expedient to accept work not done in accordance with the contract, an equitable adjustment will be made with proper deduction from the contract price for unsatisfactory work. Unsatisfactory work shall include but not be limited to: a. Failure of the Contractor to make the necessary collections. b. Failure of the Contractor to respond to complaints to the satisfaction of the owner. c. Failure of the contractor to follow-up on “missed” pickups. d. Failure of the contractor to make pickups on the scheduled day. e. Failure of the contractor to properly process recyclables. f. Failure of the contractor to properly transport recyclables or MSW. Claims for damage filed against the Contractor by the City shall be handled expeditiously by the contractor. If he fails to do so, the City maintains the right to withhold funds from the contractor and pay claims if the City determines the claims are warranted and justified. 25. TERMINATION OF CONTRACT 22 The City of Muskego’s Common Council may terminate this contract at any time upon the proper showing that the services of the Contractor are not satisfactory, or upon failure of the Contractor to adhere to this contract. The action of the Common Council shall be conclusively presumed to be based upon facts supporting said action and shall be binding upon the parties hereto. 26. CITY’S RIGHT TO DO WORK Contractor shall have sufficient equipment and manpower available to continue regular pickups in case of breakdown of equipment, resignation of men or inclement weather. If the Contractor neglects to prosecute the work to be performed on this contract, the City, after three days written notice to the Contractor and his surety, may without prejudice to any other remedy the City may have, make good such deficiencies and may deduct the cost thereof from the payment due the Contractor. 27. EXTENTION OF CONTRACT This contract shall automatically renew for one additional year from January 1, 2015 to December 31, 2015 unless written notice is given by either party to the other at least Ninety(90) days prior to the end of the original contract date of December 31, 2014 terminating the contract as of December 31, 2014. All terms of the original contract shall remain in full force and effect with the contract price to continue with only CPI (Consumer Price Index) increase or decrease as set forth in this contract. 28. ROLL OFF CONTAINERS The City of Muskego and Muskego Norway School District shall each be allowed additional Thirty (30) Yard capacity containers to be delivered and picked up by Contractor at request of City or School District. Said containers shall be billed at a rate of $250.00 per container. All terms of the original contract shall remain in full force and effect with the exception of the contract price for this item. The contract price for this item shall not increase or decrease with the CPI (Consumer Price Index) as set forth in this contract. 29. FLOURESCENT TUBE RECYCLING The Contractor shall provide fluorescent tube recycling at intervals to be mutually accepted by and between the Contractor and Muskego Norway School District. Upon collection, all recyclables will become the property of the Contractor if being disposed at contractor’s facility and all revenues received from the proper sale and processing of said recyclables shall be retained by the Contactor. No recyclables shall be disposed of in a landfill or similar disposal site or in any illegal manner. The cost for recycling shall be paid in accordance with Section 23-Payments for the following items: 1. $0.15/lamp – Incandescents 2. $0.17/lamp - 4' and under straight fluorescents 3. $0.32/lamp - 5' and over straight Fluorescent lamps 4. $0.35/lamp - compact, circular, u-shaped lamps 5. $0.85/lamp - HID lamps (mercury vapor, sodium, etc) 6. $0.45/pound - broken lamps 7. $0.39/pound - PCB and non PCB ballast recycling 23 At the end of the first year of the original term (December 31, 2010) and at the end of each calendar year thereafter, the amount per residential unit payable during the next commencing annual period shall be adjusted. The CPI adjustment for any one year shall be a minimum 2.5% but no greater than 6% as well as any increases in federal, state and/or local fees affecting the collection of any refuse/recycling material. Subject to the foregoing, the CPI adjustment shall be determined in accordance with the change in the Consumer Price Index” using the National CPI-U Index published by the Bureau of Labor Statistics Consumer Price Index (August to August) using the August Index published on or about September 15, 2009, as the base date and comparing it with the “Consumer Price Index” (National CPI-U Index) published in September of subsequent years, commencing with 2010. In each case annually, at the end of each calendar year, the amount payable per residential unit shall be adjusted in accordance with the foregoing only once for each annual period. Said changes, based on the CPI-U Index shall be reflected in the monthly payments commencing on January 2011. Additionally, rates are subject to a fuel surcharge. This surcharge establishes a base fuel price of $3.00 per gallon. For each $.10 per gallon increase above the base fuel price the monthly rate will increase .5%. This adjustment will be made on a monthly basis. The average diesel fuel price will be taken from the Energy Information Administration of the United States Department of Energy (DOE) Midwest Region th http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp on or about the 15 of each month (for that month’s invoice). The fuel surcharge will be reviewed monthly, and if applicable, be billed as a separate line item on the invoice. If mutually agreed by the parties, a different source may be used to determine the average diesel fuel price. 24 IN WITNESS WHEREOF, the said CONTRACTOR has caused this instrument to be executed, in the case of an individual by personal signature, in the case of a partnership by the signatures of the members thereof, in the case of a cooperative or a corporation by the proper officers thereof, and the said CITY has caused it to be executed by its Mayor and countersigned by its City Clerk/Treasurer upon authority duly given therefore. IN PRESENCE OF: ______________________________ ___________________________________ (SEAL) ______________________________ ___________________________________ PRESIDENT (SEAL) ______________________________ ___________________________________ SECRETARY (SEAL) CITY OF MUSKEGO _____________________________ _____________________________________ MAYOR JOHN JOHNSON COUNTERSIGNED: _____________________________ _____________________________________ CITY CLERK/TREASURER JANICE MOYER 25 APPROVED AS TO FORM: ____________________________________________ CITY ATTORNEY DONALD S. MOLTER, JR. NOTE: When executed by an individual or partnership, signature should be under seal and witnessed by two persons. When executed by corporation or cooperative, contract should be signed by President and Secretary thereof and corporate seal affixed. 26 CERTIFICATE TO BE EXECUTED IF CONTRACTOR IS A CORPORATION I, ____________________________________________________________________________ certify that I am the______________________________________________________ of the corporation named as Contractor hereinabove; that _____________________________ ___________________________________________, who signed the foregoing contract on behalf of the Contractor was then ________________________________________________ of said Corporation; thence said contract was duly signed for in behalf of said Corporation by authority of the Governing Body and is within the scope of its corporate powers. _________________________________________ (CORPORATE SEAL) 27 INSTRUCTIONS FOR EXECUTION OF PERFORMANCE BOND INSTRUCTIONS The penal amount of the Performance Bond(s) for a unit price Contract shall be the summation of the correct and checked extension of the unit prices with the estimated number of units. The form of bonds attached hereto shall be used for each contract. This form contemplates one corporate surety only. In case co-sureties will be furnished, proper forms therefore shall be obtained. If the principal is an individual, his full Christian name and residence shall be inserted in the body thereof, and he shall sign the bond with is usual signature on the line opposite the scroll seal. If the principals are partners, their individual names shall appear in the body of the bond, with the recital that they are partners composing a firm, naming it. If the principal is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond, and said instrument shall be executed and attested under the corporate seal as indicated in the form. If the corporation has no corporate seal, the fact shall be stated in which case a scroll of adhesive seal shall appear following the corporate name. This also applies to execution by the surety. The date of the bond(s) must not be prior to the date of the contract for which it is given. A Power of Attorney authorizing the execution of the Bond by an attorney-in-fact, or agent, shall be attached to the executed counterpart of the bond. If the bond(s) is executed by an out-of-state agent, the executed counterpart of the Bond(s) shall be countersigned by a licensed resident agent. 28