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HomeMy WebLinkAbout24-08 O&J Coatings Const Agreement_3-27-24OSHKOSH - AGREEMENT FORM - 1 SECTION 00 05 01 AGREEMENT ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents for City Contract 24-08 Fernau Water Tower Painting and Mixing. 1.02 The Work is generally described as follows: Tank Information: The structure is a 1,500,000-gallon fluted column elevated water storage tank with an estimated low-water level of 116 ft. located at 399 East Fernau Avenue in Oshkosh, Wisconsin. The work includes: Exterior: Abrasive blast clean to a SSPC-SP6 commercial standard with containment. Apply a four (4) coat zinc epoxy urethane fluoropolymer system. Wet Interior: Abrasive blast clean to a SSPC-SP10 near-white metal standard. Apply a three (3) coat zinc epoxy system. Dry Interior: Spot power tool clean the spot coating failures throughout to a SSPC-SP11 standard. Apply a spot two (2) coat epoxy system to the prepared surfaces. Foundation: Abrasive blast clean water clean and apply a two (2) coat epoxy system. Cathodic Protection: Install an impressed current cathodic protection system. Mixer: Install a mechanical mixer. Repairs: 1) Install a gasket on the west interior roof hatches and on the bolted painter’s hatch. 2) Install handholds at the roof hatches. 3) Install a mud valve. 4) Install an additional roof vent screen and gasket to the vent flange. 5) Weld steel plates over the cathodic lift holes. 6) Remove the existing cathodic protection system. 7) Install a roof painter’s railing. 8) Install a clean-out line in the dry interior. 9) Install a fall prevention device on all of the ladders – Fernau Tank. 10) Install a fall prevention device on all of the ladders – Marion Tank. 11) Install a fall prevention device on all of the ladders – Southwest Tank. 12) Replace wet interior ladder. 13) Replace the aviation light. 14) Replace the dry interior light bulbs. DocuSign Envelope ID: 7CE5C91E-D9FE-4018-8D55-0D8D246C370C OSHKOSH - AGREEMENT FORM - 2 ARTICLE 2 – ENGINEER 2.01 The Owner has retained Dixon Engineering, Inc. (DIXON) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and RPR, and have the rights, limitations of responsibility, and authority assigned to Engineer in the Contract. ARTICLE 3 – CONTRACT TIMES 3.01 Time is of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and Readiness for Final Payment as stated in the Project Summary and these Contract Documents are of the essence of the Contract. B. The Work shall be Substantially Completed, and completed and ready for Final Payment on or before the dates or time period as required by the Project Summary 00 00 40. 3.02 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in the Project Summary 00 00 40, plus any extensions thereof allowed in accordance with the General Conditions and approved Change Order(s). The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that Liquidated Damages are for delay (but not as a penalty) and agree to the Liquidated Damages listed in the Project Summary 00 00 40. B. If Milestones are identified in the Project Summary 00 00 40 as essential to the proper sequencing/or coordination of work with others, or to the successful compliance with the Project Substantial Completion date, Liquidated Damages are identified in the Project Summary. C. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and final completion are additive, and will be imposed concurrently. 3.03 Special Damages A. Contractor shall reimburse Owner (1) for any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and administrative services needed after the time specified in the Project Summary for Substantial Completion (as duly adjusted pursuant to the Contract), until the Work is substantially complete. B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the actual costs reasonably incurred by Owner for engineering, construction observation, and administrative services needed after the time specified in Paragraph 3.01 for Work to be completed and ready for final payment (as duly DocuSign Envelope ID: 7CE5C91E-D9FE-4018-8D55-0D8D246C370C OSHKOSH - AGREEMENT FORM - 3 adjusted pursuant to the Contract), and, if necessary, to hire other Contractors to complete portions of the Work, until the Work is completed and ready for final payment. C. The special damages imposed in this paragraph are supplemental, in addition to, any Liquidated Damages for delayed completion established in this Agreement. ARTICLE 4 – CONTRACT PRICE 4.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Schedule of Values and this Agreement. 4.02 As provided in the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. ARTICLE 5 – PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by DIXON as provided in the General Conditions. 5.02 Progress Payments; Retainage A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment once each month during performance of the Work as provided in Paragraphs 5.02.A.1 through 5.02.A.4 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established and by protocol as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided in the General Conditions. The following is a protocol used for partial completion of an individually-listed lump sum item. 1. For the wet interior, surface preparation by abrasive blast cleaning will be considered equal to 40 percent of the line item and each coat of paint 20 percent. 2. For the exterior, surface preparation by abrasive blast cleaning inside containment will be considered equal to 40 percent of the line item and each coat of paint 10 percent, with another 10 percent for lettering and demobilization, and 10 percent for waste disposal. 3. Dry interior painting and repairs will not be broken down. 100 percent completion is required before they will be considered for payment. 4. Mobilization is included in the surface preparation allotment for the items above. B. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated above but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may DocuSign Envelope ID: 7CE5C91E-D9FE-4018-8D55-0D8D246C370C OSHKOSH - AGREEMENT FORM - 4 withhold, including, but not limited to, Liquidated Damages, in accordance with the Contract. Retainage to be held as follows: 5% of the dollar value through 50% completion; 2.5% of the dollar value through 100% completion. C. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95 percent of the Work completed, less such amounts set off by Owner pursuant to the General Conditions, and less 150 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment. 5.03 Final Payment, Consent of Surety A. Upon final completion and acceptance of the Work in accordance with the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer. B. Owner reserves the right to not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release. Determination to require Consent will be based on the Engineer’s sole decision as to the level of confidence in Contractor’s Work practices, their payment of employees, certified payrolls (when required), or the potential of future claims against the Owner or Contractor. C. Nothing in this Article 5 imposes a requirement on the Contractor to submit once monthly invoices or statements. This article establishes the Protocol to follow if requesting Partial Payments. The Contractor, at their option, may submit one final pay request per Section 100.76 of the General Conditions. ARTICLE 6 – CONTRACT DOCUMENTS 6.01 Contents A. The Contract Documents consist of the following: 1. This Agreement including all certifications and required forms, Project Summary Section 00 00 40 and Schedule of Values Section 00 54 00. 2. Performance Bond. 3. Payment Bond. 4. Certificate(s) of Insurance (Contractor’s Insurance with Property Insurance Requirements and Pollution Insurance Liability Insurance Requirements). 5. Addenda (numbers 1 to 1, inclusive). 6. Technical Specifications and Drawings (if any) as listed in the Table of Contents of the Bidding Documents. 7. Supplemental Conditions – City of Oshkosh. 8. Supplementary Conditions. 9. General Conditions. 10. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid Tabulation. b. Contractor’s Bid Bond. DocuSign Envelope ID: 7CE5C91E-D9FE-4018-8D55-0D8D246C370C OSHKOSH - AGREEMENT FORM - 5 c. Contractor’s Bid Form Signature Pages. d. List of Proposed Subcontractors. e. Disclosure of Ownership. f. Documentation submitted by Contractor prior to Notice of Award. 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Notice to Proceed. b. Change Order(s). c. Work Change Directive(s). d. Field Order(s). e. Engineer’s written interpretations and clarifications. B. The Contract Documents are complementary; what is required by one is as binding as if required by all. In the event 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 which follows it numerically except as may be otherwise specifically stated. C. The documents listed in Paragraph 6.01.A are attached to this Agreement (except as expressly noted otherwise above). D. There are no Contract Documents other than those listed above in this Article 6. E. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 7 – MISCELLANEOUS 7.01 Assignment of Contract A. No assignment by a party hereto of any payment rights under or interests in the Contract will be binding on another party hereto without the written consent of the Owner; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 7.02 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, and legal representatives to the other party hereto, its partners, successors, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. DocuSign Envelope ID: 7CE5C91E-D9FE-4018-8D55-0D8D246C370C OSHKOSH - AGREEMENT FORM - 6 7.03 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, Owner and Contractor has signed this Agreement. One counterpart each has been delivered to Owner, Contractor, and Engineer. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on February 14, 2024 (which is the Effective Date of the Agreement). Signed for in behalf of the City of Oshkosh CONTRACTOR: __O&J Coatings, Inc.______ ______________________________________ ___________________________________ By: __________________________________ Mark A. Rohloff, City Manager J. Arturo Andrade Title: ___President_______________________ ____________________________________ Diane M. Bartlett, City Clerk [CORPORATE SEAL] Attest: ________________________________ ___________________________________ Lynn Lorenson, City Attorney Title: _________________________________ Address for giving notices: ____________________________________ __1720 Cynthia Lane_____________________ Julie Calmes, Director of Finance __Hurst, TX 76054______________________ I hereby certify that the necessary Provisions have been made to pay the License No. ____________________________ Liability which will accrue under this (Where applicable) Contract. Agent for service or process: ______________ ______________________________________ (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) 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