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CONTRACTOR AGREEMENT
This AGREEMENT, made on the _____ day of __________, 2021, by and between the
CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and PARKSON
CORPORATION DBA SCHREIBER, 100 Schreiber Drive, Trussville, AL 35173, party of the
second part, hereinafter referred to as the CONTRACTOR,
WITNESSETH:
The CITY and the CONTRACTOR, for the consideration hereinafter named, enter
into the following AGREEMENT for TERTIARY TREATMENT PILOT TESTING FOR THE
FINAL PHOSPHORUS COMPLIANCE ALTERNATIVES PLAN (PROJECT). The
CONTRACTOR’s Proposal is attached hereto and reflects the agreement of the parties
except where it conflicts with this AGREEMENT, in which case this AGREEMENT shall
prevail.
ARTICLE I. COMPONENT PARTS OF THE AGREEMENT
This AGREEMENT consists of the following component parts, all of which are as
fully a part of this AGREEMENT as if herein set out verbatim, or if not attached, as if hereto
attached:
1. This Instrument
2. Filter Pilot Scope of Work dated August 11, 2021 and attached hereto
3. CONTRACTOR’s Proposal dated August 10, 2021 and attached hereto
In the event any provision in any of the above component parts of this
AGREEMENT conflicts with any provision in any other of the component parts, the
provision in the component part first enumerated above shall govern over any other
component part which follows it numerically except as may be otherwise specifically
stated.
ARTICLE II. PROJECT MANAGER
A. Assignment of Project Manager. The CONTRACTOR shall assign the following
individual to manage the PROJECT described in this AGREEMENT:
Krishna Krishnapura – Water Research Facility Leader
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B. Changes in Project Manager. The CITY shall have the right to approve or
disapprove of any proposed change from the individual named above as Project Manager.
The CITY shall be provided with a resume or other information for any proposed substitute
and shall be given the opportunity to interview that person prior to any proposed change.
ARTICLE III. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the PROJECT described in
this AGREEMENT:
Steven M. Gohde, P.E. – Assistant Director of Public Works /
Utilities General Manager
ARTICLE IV. SCOPE OF WORK
The CONTRACTOR shall provide the services described in the CITY’S Filter Pilot
Scope of Work dated August 11, 2021 for the PROJECT, and the CONTRACTOR’s Proposal. If
anything in the Proposal conflicts with the Filter Pilot Scope of Work, the provisions in the
Filter Pilot Scope of Work shall govern.
CITY may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect CONTRACTOR's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT.
ARTICLE V. CITY RESPONSIBILITES
The CITY shall furnish, at the CONTRACTOR’s request, such information as is
needed by the CONTRACTOR to aid in the progress of the PROJECT, providing it is
reasonably obtainable from City records.
To prevent any unreasonable delay in the CONTRACTOR’s work, the CITY will
examine all reports and other documents and will make any authorizations necessary to
proceed with work within a reasonable time period.
ARTICLE VI. TIME OF COMPLETION
The work to be performed under this AGREEMENT shall be commenced and the
work completed within the time limits as agreed upon in the CONTRACTOR’s Proposal.
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While CONTRACTOR has made reasonable efforts to incorporate into their plan for
the PROJECT any known current project impacts of the COVID-19 pandemic,
CONTRACTOR has not accounted for, and is not responsible for, unknown future changes
due to the COVID-19 pandemic, including, without limitation, additional restrictions by
government agencies or others (such as the availability of the site for access or the
availability of CITY or CONTRACTOR staff or others) to the extent they delay or otherwise
impact the PROJECT. In that event, CONTRACTOR will notify CITY and work in good
faith to equitably address any unexpected impacts therefrom.
ARTICLE VII. PAYMENT
A. The Agreement Sum. The CITY shall pay to the CONTRACTOR for the
performance of the AGREEMENT the total sum as set forth below, adjusted by any changes
hereafter mutually agreed upon in writing by the parties hereto:
Lump Sum Not to Exceed $35,000 (Thirty Five Thousand Dollars).
B. Method of Payment. The CONTRACTOR shall submit itemized monthly
statements for services. The CITY shall pay the CONTRACTOR within thirty (30) calendar
days after receipt of such statement. If any statement amount is disputed, the CITY may
withhold payment of such amount and shall provide to CONTRACTOR a statement as to
the reason(s) for withholding payment.
C. Additional Costs. Costs for additional services shall be negotiated and set
forth in a written amendment to this AGREEMENT executed by both parties prior to
proceeding with the work covered under the subject amendment.
ARTICLE VIII. STANDARD PROVISIONS
The CONTRACTOR agrees that, in all hiring or employment made possible by or
resulting from this AGREEMENT, there will not be any discrimination against any
employee or applicant for employment because of race, color, religion, sex, sexual
orientation, gender identity, or national origin.
ARTICLE IX. CONTRACTOR TO HOLD CITY HARMLESS
The CONTRACTOR covenants and agrees to protect and hold the City of Oshkosh
harmless against all actions, claims, and demands to the proportionate extent caused by or
resulting from the intentionally wrongful or negligent acts of the CONTRACTOR, his/her
agents or assigns, his/her employees, or his/her subcontractors related to the performance
of this AGREEMENT or be caused or result from any violation of any law or administrative
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regulation, and shall indemnify the CITY for all sums including court costs, attorney fees,
and damages of any kind which the CITY may be obliged or adjudged to pay on any such
claims or demands upon the CITY’s written demand for indemnification or refund for those
actions, claim, and demands caused by or resulting from intentional or negligent acts as
specified in this paragraph.
ARTICLE X. INSURANCE
The CONTRACTOR agrees to abide by the attached City of Oshkosh Insurance
Requirements.
ARTICLE XI. TERMINATION
A. For Cause. If the CONTRACTOR shall fail to fulfill in timely and proper
manner any of the obligations under this AGREEMENT, the CITY shall have the right to
terminate this AGREEMENT by written notice to the CONTRACTOR. In this event, the
CONTRACTOR shall be entitled to compensation for any satisfactory, usable work
completed.
B. For Convenience. The CITY may terminate this AGREEMENT at any time by
giving written notice to the CONTRACTOR no later than ten (10) calendar days before the
termination date. If the CITY terminates under this paragraph, then the CONTRACTOR
shall be entitled to compensation for any 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.
ARTICLE XII. SUSPENSION, DELAY, OR INTERRUPTION OF WORK
The CITY may suspend, delay, or interrupt the services of CONTRACTOR for the
convenience of the CITY. In such event, CONTRACTOR's agreement price and schedule
shall be equitably adjusted.
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ARTICLE XIII. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT gives no rights or benefits to anyone other than the CITY and
CONTRACTOR and has no third-party beneficiaries.
In the Presence of: CONTRACTOR
____________________________ By: _____________________________
____________________________ Dianne Kaplan
(Seal of CONTRACTOR Contracts Manager
if a Corporation)
By: _____________________________
_____________________________
(Specify Title)
CITY OF OSHKOSH
_____________________________ By: _____________________________
(Witness) Mark A. Rohloff, City Manager
_____________________________ And: _____________________________
(Witness) Pamela R. Ubrig, City Clerk
APPROVED: I hereby certify that the necessary provisions
have been made to pay the liability which
will accrue under this AGREEMENT.
_____________________________
City Attorney
___________________________________
City Comptroller
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Filter Pilot Scope of Work
Background
The City of Oshkosh Wastewater Treatment Plant (WWTP) has a rated average capacity of 20 million
gallons per day (mgd). The processes consist of headworks screening and grit removal, primary
clarification, secondary biological treatment in fully-aerobic aeration basins, secondary clarification, and
chlorine disinfection. The City is required to meet a 32 pounds per day (lbs./day) phosphorus limit as a 6-
month average (May through October and November through April) and a 95 lbs./day monthly average
phosphorus limit. Pilot testing of filter technologies is being conducted to determine if permit limits can
be reliably met, to determine filter sizing criteria, chemical requirements, backwash rates, operational
requirements, and reliability of system performance. The information will be used to recommend a
tertiary treatment (filtration) technology in a Phosphorus Final Compliance Alternatives Plan (FCAP) to
be submitted to Wisconsin Department of Natural Resources in December 2021.
Schedule
The pilot test is anticipated to start in September 2021 and will be conducted for the period required to
complete the test conditions specified herein.
Test Conditions
Test the following conditions for a minimum of 8 hours per test condition at each hydraulic loading
conditions. The two hydraulic loading conditions shall be the manufacturers’ recommended average
and peak hydraulic loading rate in terms of gallons per minute per square foot (gpm/sf).
1. Secondary effluent total phosphorus (TP) approximately 0.5 to 0.6 milligrams per liter (mg/L),
dose and rapid mix ferric chloride (FeCl3), add polymer as necessary, and provide flocculation
mixing and detention time upstream of the filter as required to achieve 0.13 to 0.15 mg/L
effluent TP.
2. Secondary effluent TP approximately 0.2 to 0.3 mg/L, filter with no FeCl3, polymer, or mixing,
bypassing the flocculation chamber if possible. If not possible to bypass flocculation chamber,
maintain minimal mixing as required to prevent secondary solids settling.
3. Secondary effluent TP approximately 0.2 to 0.3 mg/L, dose and rapid mix FeCl3, add polymer as
necessary and provide flocculation mixing and detention time upstream of the filter as required
to achieve 0.13 to 0.15 mg/L effluent TP.
The first target secondary effluent TP concentration will be maintained for a minimum of one week to
allow the pilot equipment manufacturers to evaluate polymers and polymer dose, establish a ferric
chloride dose response curve, optimize any other operational parameters, and test the first condition at
the two hydraulic loading rates. The secondary effluent TP concentration will then be decreased to the
second target TP concentration and maintained for a minimum of one week to allow the pilot
manufacturers to test the second and third conditions at the two hydraulic loading rates each.
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The two minimum 8-hour runs can be performed in the same 24-hour period or on two consecutive
days. A tentative schedule is provided below.
Week 1: Monday, Tuesday, and Wednesday to select polymer, develop ferric dose response curve, and
optimize dosing for first test condition of 0.5 to 0.6 mg/L secondary effluent TP. Thursday test at average
hydraulic loading rate and either Thursday night or Friday test at peak hydraulic loading rate, to meet
target effluent TP. Over the weekend the plant increases secondary effluent ferric dosing to drop TP to
0.2 to 0.3 mg/L target.
Week 2: Monday filter at average hydraulic loading rate and Tuesday filter at peak hydraulic loading rate
without any chemical dosing or conduct the two minimum 8 hour tests anytime between Monday and
no later than Wednesday 7 am. Wednesday optimize chemicals for the lower secondary effluent
condition. Thursday filter at average hydraulic loading rate and either Thursday night or Friday at peak
hydraulic loading rate to meet target effluent TP.
Schedule for sand media column pilot: With the sand media pilot being operated by the City, the sand
media pilot will likely be scheduled to occur after the completion of the other pilots.
Secondary Effluent TSS during Pilot Filtering
The original target summer time frame of the pilots was selected to coincide with a seasonal
Ceriodaphnia outbreak typically experienced by the plant. With the expected late summer to early fall
scheduling of the pilots it is less likely that a Ceriodaphnia outbreak will coincide with the pilots.
Therefore, it is the expectation that a supplemental and mutually agreeable plan will be worked out with
the pilot manufacturers to mix secondary effluent and either mixed liquor or clarifier return activated
sludge to achieve comparable TSS concentrations to the filter as may occur during a Ceriodaphnia
outbreak.
Pilot Operation
The filter manufacturer shall provide one or more personnel as necessary to setup, operate, and
maintain the pilot unit, to record operational data, and to perform sampling for the duration of the pilot,
with the exception of the sand media column pilot which shall be as described in their proposal.
For sand media filter pilot: Provide two columns of 4 to 6 feet mono media sand in parallel to be
operated by the City. Media in one of the columns shall consist of 0.85 to 0.95 mm effective size, a
maximum uniformity coefficient of 1.4, and a sphericity of < 0.7. Media in the second column shall be as
recommended by Xylem (Leopold) for minimizing effluent phosphorus.
A primary operational value to be determined from the pilot testing is the expected ratio of backwash
water volume, including any settled solids tank draining, to volume filtered. Therefore, cleaning beyond
normal in place backwash (i.e., water without chemicals and air scouring) is not allowed during and
between any of the test conditions (i.e., once the first test condition is initiated, no specialized cleaning
is allowed until testing and associated sampling of all three test conditions is completed).
At the completion of the pilot the manufacturer shall demonstrate and train available City of Oshkosh
WWTP personnel on any specialized cleaning recommendations required with iron dosing to the filter
technology.
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Sampling and Analysis
The manufacturers shall utilize their own online analyzers, test kits, or laboratory analyses as required to
operate the pilot, including to develop their dose response curves.
The manufacturers shall collect a composite sample, with equal volumes of sample collected and added
to the composite sample container every hour (i.e., a minimum of 8 samples composited for an 8-hour
test) for each of the test conditions. The sample container shall be adequately mixed and a minimum of
a 250-milliliter (ml) retrieved and delivered to the City for each test condition and hydraulic loading rate.
The plant will conduct 24-hour composite final effluent sampling as the basis for determining average
secondary effluent TP. Chemical dosing, mixing, and filter operation shall not be changed after the
initiation of a test condition through the duration of the sampling. Samples shall be refrigerated
immediately after collection and given to the City of Oshkosh at the WWTP by the end of each day of
testing. Analysis will be handled and paid for by the City of Oshkosh.
Final effluent composite samples and filter pilot composite samples will be analyzed for influent TP,
soluble phosphorus (P), soluble orthophosphate (OP), and TSS. Analyses will be in accordance with the
Standard Methods For the Examination of Water and Wastewater. A sampling and analysis plan will be
developed by the City.
City of Oshkosh Responsibilities
The City of Oshkosh WWTP personnel will control ferric chloride dosing to secondary treatment to
maintain secondary effluent TP as reasonably close to the test condition targets as possible. The City will
provide ferric chloride for the filter manufacturers’ pilot use.
Performance Data
The manufacturers shall provide necessary instrumentation and record operating conditions, including
flow rates through the pilot, flocculation time, chemical doses, head loss, backwash volumes, backwash
rate as a percentage of filtered flow, and other data pertinent to design and operation. Backwash
volumes shall include any required draining from filter vessels.
Location of Pilot
A site plan of the area available for the pilot is shown in Figure 1. Figures 2 through 6 are photos of the
area. Assume concurrent pilots with up to three manufacturers. Access between the entry gate from
Dempsey Trail and potential pilot locations must be maintained to not interfere with egress for other
pilots. All available pilot locations are on lawn. The City will provide rented mats to support the pilot
trailers and equipment on the lawn.
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Filter Pilot Scope of Work - Figures
Figure 1 – Location of Pilot
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Figure 2 – Potential Pilot Location Between Clarifier and Chlorine Contact Basin Looking North
Figure 3 – Potential Pilot Location Between Clarifier and Chlorine Contact Basin Looking South
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Figure 4 - Potential Pilot Location West of Chlorine Contact Basin Looking North
Figure 5 - Potential Pilot Location West of Chlorine Contact Basin Looking South
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Figure 6 – Yard Area Looking East
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