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CONTRACTOR AGREEMENT-
DIGESTER #1 PAINTING 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 MILL
COATINGS INC 1878 PRIDE TERRACE, GREEN BAY WI 54313 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:
(BLAKE E HANSON, VICE PRESIDENT)
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 PAINTING,
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 10 DAYS
AFTER TANK IS CLEANED OUT
ARTICLE VI. PAYMENT
A. The Contract Sum.
The City shall pay to the Contractor for the performance of the contract the sum of
523,360.00 (Twentv-three thousand, Three hundred, Sixtv dollars 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 reason(s) for withholding payment.
C. Additional Costs. Costs for additional services to be negotiated and set
forth in a written amendment to this agreement executed by both parties prior to
proceeding with the work covered under the subject amendment.
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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 obfiged or adjudged to pay on any such c{aims or demands within thirty (30)
days of the date of the City's written demand for indemnification or refund.
ARTICLE Vllf. INSURANCE
The Contractor shall provide insurance for this project that includes the City of Oshkosh
as an additional insured. The specific coverage required fior this project is identified in
the GITY'S Specifications dated APRIL 22, 2015, referred to as the "Invitation for Bid"
for DIGESTER PAINTING WASTEWATER TREATMENT PLANT dated APRIL 22,
2015, which is fully incorporated into this Agreement. If applicable, the Contractor is
responsible for meeting afl insurance requirements. The CITY does not waive this
requirement due to its inaction or delayed action in the event that the Contractor's
actual insurance coverage varies from the Insurance required.
ARTICLE IX. TERMINATION
A. For Cause.
If the Contractor shall fail to fulfill in timely and proper manner any of the obligations
under this Agreement, the City shall have the right to terminate this Agreement by
written notice to the Contractor. In this event, the Contractor shaif be entitled to
compensation for any satisfactory, usable work completed.
B. For Convenience.
The City may terminate this contract at any time by giving written notice to the
Contractor no later than 10 calendar days before the termination date. If the City
terminates under this paragraph, then the Contractor shall be entitled to compensation
for any satisfactory work performed to the date of termination.
This document and any specified attachments contain all terms and conditions
of the Agreement and any alteration thereto shall be invalid unfess made in writing,
signed by both parties and incorporated as an amendment to this Agreement.
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In the Presence of:
Sharnn 4_ �av
,
(Seal of Contract
if a Corporation.)
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(Witness)
CONTRACTOR/CONSULTANT
BY� � 2�- _
/�����
(Specify Title)
By: � .
L�/CG �h=f�'il�
(Specify Title)
CITY OF OSHKOSH
By: �/a— i'D-1���G/v'�
Ma k A. Rohloff, City Manager
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And:� l ,�
Pamela R. Ubrig, City lerk
APPROVED: I hereby certify that the necessary
' � provisions have been made to
i
� � pay the liability which will accrue
' �' ti-�;1�under this contract.
ity Attorn�y-.
�`L:i1A CLI. Y"1
City Comptroller
EXHIBIT A
GENERAL lNFORMATION
The City of Oshkosh is requesting bids from qualified contractors to paint the exterior
surface of the 80 foot diameter cover on Anaerobic Digester number 1 at the
Wastewater Treatment Plant located at 233 North Campbell Road. The work under this
contract shall include all materials, labor and equipment. The Tnemec painting system
was originally applied in 1998 and is experiencing paint loss down to primer with some
rust spots. The primer is in good condition overall and can be coated over. The cover
from the center within approximately 10 feet of the outer edge needs UV stable
coating. The ten feet to the edge will need an immersion grade coating. See attached
drawing for details.
NOTE: Oualified contractors must be abie to demonstrate a minimum of 10 years
experience in appiying Tnemic coatings.
See attached drawing and paint product data sheets for additional details.
SPECIFICATIONS
E�erior of Final Diqester Cover
!JV Stable F�on-Immersion GracEe system — No subrnersion coating needed
Surface PreQaration
High-Pressure power-wash all surfaces to be coated with a biodegradabie detergent to
remove dirt, loose paint and other contaminants. Brush-Blast all surfaces to be coated
in accordance with SSPC-SP7 Brush-Off Blast Cleaning or mechanically abrade by other
appropriate means to remove black topcoat while profiling the tightly adhered epoay
undercoats. Abrasive biast all rusted areas in accordance with SSPC-SP6 Commercial
Blast Cieaning creating a minimum angular surface profile of iS mils. Feather the
edges of the surrounding, intact coatings making sure they are tight. Prime all surfaces
the same day they are blasted before any rust bloom forms on the newly revealed
substrate. All surfaces must be clean, dry and free of oil, grease and other
contaminants. Minimum surface temperature shall be 40 degrees and rising.
Spot Primer: Tnemec Series N69-Color Hi-Build Epoxline II @3.0 to 5.0 mils DFT
Full Intermediate: Tnemec Series N69-Color Hi-Buiid Epoxline II @3.0 to 5.0 mils DFT
Full Topcoat: Tnemec Series 73-Color Hi-Build Epoxline II @2.0 to 3.0 miis DFT
:
Exterior of Digester Cover
Immersion Grade System
Surface Preoaration
High-pressure power-wash all surfaces to be coated with a biodegradable
detergent to remove dirt, loose paint and other contaminants. Brush-Blast all
surfaces to be coated in accordance with SSPGSP7 Brush-OfF Blast Cleaning or
mechanically abrade by other appropriate means to remove black topcoat while
profiling the tightly adhered epoay undercoats. Abrasive biast all rusted areas in
accordance with SSPC-SP10 Near-White Blast Cleaning creating a minimum
angular surface profile of 1.5 mils. Feather the edges of the surrounding, intact
coatings making sure they are tight. Prime ali surfaces the same day they are
blasted before any rust bloom forms on the newly revealed substrate. All
surfaces must be clean, dry and free of oil, grease and other contaminants.
Minimum surface temperature shall be 40 degrees and rising.
Spot Primer: Tnemec Series N69-Color Hi-Build Epoxline II @3.0 to 5.0 mils DFT
Fuli Intermediate: Tnemec Series N69-Color Hi-Build Epoxline II @3.0 to 5.0 miis DFf
Full Topcoat: Tnemec Series N69-Color Hi-Build Epoxline II @3.0 to 5.0 mils DFT
Schedule
Project scheduling will be dependent on the completion of the digester cleaning that is
anticipated to be scheduled for mid May.
Pre bid site visit can be scheduled with Kevin Sorge, Wastewater Utility Division Manger
by calling (920) 232-5365.
SAFETY
Contractor must comply with all safety requirements as noted in the attached City of
Oshkosh Standard Terms and Conditions.
PROJECT SCHEDULE
Project scheduling will be dependent on the completion of the digester cleaning that is
anticipated to be scheduled for June 2015. 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 Plant Division Manager.
PRODUCT DELIVERY, SITE ORGANlZATION AND CLEANUP
Contractor shall keep work areas orderiy 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 May 8, 2015
INSURANCE REQUIREMENTS
Attached are insurance requirements for the City of Oshkosh for this project.
SAMPLE CONTRACTOR RGREEMENT
Atfached is a sample contractor agreement that fhe successful bidder will be expected
to sign upon award of this project. Bidde�s do NOT need to submit this agr2ement
when submitting their quote form.
PP.EVAlL{I�G WAGE
State of Wisconsin Prevailing Wage Requirements does nof apply to this project.
StTE REVIEW
Contractors may schedule a pre-bid site review of this project by contacting Kevin
Sorge, Wastewafer Treatment Planf Division Manager at (920) 232-5365.
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From:
BID FORM
DIGESTER PAINTfNG- WASTEWATER TREATMENT PLANT
CITY OF OSHKOSH
Page 1 of 2
BID DEADLfNE IS 10:00 A.ftA., FRIDAY MAY 15. 2015
(bidder's company name)
We, the undersigned, propose to furnish all labor and materials to perform this work per
bid specifications.
Any area of the proposal page left blank may be considered as a non-responsive bid.
Base Bid:
Digester Painting
(Total Lump Sum Base Bid Price — In Words)
Work to commence in
after receipt of order
Total Lump Sum Bid
Addendum Acknowledgemeni
We hereby acknowledge receipt of and have thoroughly examined the wriften
Addenda(s) issued prior to the bid dafe in association with this project. These Addenda
are numbered through , inclusive. We further undersfand that
failure to fully list the numbers of all pubiished Addenda may cause the City to rejecf this
bid. Note: If no addenda were published for this project write "N/A" in blanks above.
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BID FORM
DIGESTER PAINTING- WASTEWATER TREATMENT PLANT
CITY OF OSHKOSH
Page 2 of 2
Payment terms
Date Submitted:
Name of Company:
Submitted by: (name and title
Email address:
Address of Company:
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EXHIBIT B
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