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HomeMy WebLinkAbout14-50 Resolution No. 14-50 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TANK INDUSTRY CONSULTANTS, INC. FOR ENGINEERING SERVICES IN CONNECTION WITH THE REHABILITATION OF THE AIRLITE ELEVATED WATER TANK 2014 PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Tank Industry Consultants, Inc. for engineering services in connection with the Rehabilitation of the Airlite Elevated Water Tank 2014 Project, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 23, 2014 Adopted: April 23, 2014 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 23rd day of April , 2014 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Tank Industry Consultants, Inc. an Indiana corporation (hereinafter referred to as "ENGINEER"). WHEREAS, the CITY desires to engage the ENGINEER to furnish certain professional services in connection with Engineering Services for Rehabilitation of Airlite Elevated Water Tank 2014 (hereinafter referred to as the"PROJECT"); and WHEREAS, the ENGINEER represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, it is hereby agreed by and between the CITY and the ENGINEER that the CITY does hereby retain the ENGINEER for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to act for and represent it in the engineering matters involved in the PROJECT as described herein, subject to the following terms and conditions and stipulations,to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Water Director of the CITY, herein after referred to as the "DIRECTOR". B. Furnish professional engineering and inspection services pertinent to the rehabilitation of the 500,000 gallon Airlite Elevated Water Tower. C. A detailed Scope of Services is attached hereto and made a part hereof as Attachment A. 2. PROGRESS REPORTS B. A detailed project schedule for the Project is included as Attachment B, attached hereto and made a part hereof. Progress will be recorded on the project schedule and submitted monthly as a component of the Status Report described in Subsection C below. C. The ENGINEER will submit to the DIRECTOR monthly a status report keyed to the project schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. 3. WORK PRODUCTS All work product prepared by the ENGINEER pursuant hereto including, but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR; provided, however, that the ENGINEER may retain copies of such work product for its records. ENGINEER'S execution of this Agreement shall constitute ENGINEER'S conveyance and assignment of all right, title and interest, including but not limited to any copyright interest, by the ENGINEER to the CITY of all such work product prepared by the ENGINEER pursuant to this Agreement. The CITY shall have the right either on its own or through such other engineers as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project. 4. PAYMENTS TO THE ENGINEER(Not To Exceed Method) A. For services provided the ENGINEER shall be paid in accordance with the Price Proposal for Engineering Services for Rehabilitation of the Airlite Elevated Water Tank (Part B) on this PROJECT, attached hereto and made a part hereof as Attachment C,with the total fee not to exceed$59,225 regardless of the actual costs incurred by the ENGINEER unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. B. For outside services provided by other entities or subconsultants, the CITY shall pay the ENGINEER the invoiced fee submitted to the ENGINEER by such other entities or subconsultants plus 10%; provided, however, that no such other entities or subconsultants shall be retained by the ENGINEER without prior written notification of the name of such entity or subconsultant and the estimated cost of such work by such entities or subconsultants to the DIRECTOR at least ten (10) days prior to such retention. C. ENGINEER shall be entitled to reimbursement only for the following items at the following rates: Direct Expenses-A charge of$11.00 per hour is added to every office hour worked to cover copying, fax, mail, telephone, long distance, paging, cell phone, trucks, field equipment, and other miscellaneous costs. Mileage- $0.79 per mile per vehicle from nearest office- Bolingbrook, Illinois Reimbursable Expenses - Travel by public transportation at cost Subcontract Laboratory Analysis (Fees are doubled for rush service) • Total Lead in Samples by Atomic Absorption Spectroscopy—$125.00 per sample - 2 - • Total Metals (Cadmium, Chromium & Lead) in Samples by Atomic Absorption Spectroscopy- $257.50 per sample • Leachable Lead in Samples by Toxicity Characteristic Leaching Procedure - $527.00 per sample. D. The CITY may make periodic payments in the CITY's sole discretion to the ENGINEER based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the ENGINEER shall not exceed the amounts shown in the following schedule, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. Payment Schedule Task Invoice Schedule Amount DRAFT-Detailed Technical Invoice with copy of DRAFT 90% of Fee= $6,075 Specifications and Bid Specifications Fixed Fee Invoice Documents FINAL—Detailed Technical Invoice with transmittal of 10% of Fee= $675 Specifications and Bid FINAL Specifications Fixed Fee Invoice Documents Invoice with transmittal of $500 Bid Assistance Award Recommendation Fixed Fee Invoice Letter Inspection during Repairs Approx. 30 days following Estimate $2,740 to $5,480 start of repairs T&E Invoice Resident Inspection of Approx. 30, 60, and 90 days Estimate 30% at each interval Cleaning and Painting following start of cleaning T&E Invoice and painting With transmittal of punch list Estimate 10% T&E Invoice Contract Administration Included in Resident T&E Inspection Invoices Laboratory Testing Beginning and End of Project Approx. $750 at each interval First Anniversary Evaluation Invoice with transmittal of $1,500 report Fixed Fee Invoice 5. INVOICES A. The ENGINEER shall submit invoices in a format approved by the CITY. Progress reports (2C above) shall be included with all payment requests. B. The ENGINEER shall maintain records showing actual time devoted and cost incurred. The ENGINEER shall permit the authorized representative of the CITY to inspect and audit all data and records of the ENGINEER for work done under - 3 - this Agreement. The ENGINEER shall make these records available at reasonable times during the Agreement period, and for a year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the ENGINEER without penalty. In the event that this Agreement is so terminated, the ENGINEER shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination; provided, however, that in no event shall ENGINEER be entitled to any payments for any amounts in excess of the amounts specifically provided for herein. 7. TERM This Agreement shall become effective as of the date the ENGINEER is given a notice to proceed and, unless terminated for cause or pursuant to Article 5, shall be deemed concluded on the date the CITY determines that all of the ENGINEER's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement. 8. NOTICE OF CLAIM If the ENGINEER wishes to make a claim for additional compensation as a result of action taken by the CITY, the ENGINEER shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the ENGINEER's fee shall be valid only to the extent that such changes are agreed to in writing by the CITY and ENGINEER. Regardless of the decision of the DIRECTOR relative to a claim submitted by the ENGINEER, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party,by reason of any default, fails within fifteen(15)days after notice thereof by the other party to comply with the conditions of the Agreement, the other party may terminate this Agreement. Notwithstanding the foregoing, or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the ENGINEER pursuant to Paragraph 4 hereof, no action shall be commenced by the ENGINEER against the CITY for monetary damages. ENGINEER hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including, but not limited to, - 4 - the Local Government Prompt Payment Act (50 ILCS 50111, et seq.), as amended, or the Illinois Interest Act(8 15 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the ENGINEER arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law, ENGINEER agrees to and shall indemnify, defend and hold harmless the CITY,its officers, employees, agents,boards and commissions from and against claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the ENGINEER in connection herewith, including negligence or omissions of employees or agents of the ENGINEER arising out of the performance of this Agreement. In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Commercial Liability. The ENGINEER shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of commercial general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The ENGINEER shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty(30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the ENGINEER under Article 10 entitled"Indemnification" shall be provided. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorated,it shall be endorsed to be primary with respect to the CITY. - 5 - B. Commercial Automobile Liability. Commercial Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The ENGINEER shall carry Engineers Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. 13. CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The ENGINEER shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically identified in the Scope of Services. 14. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race, color, creed,national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation,termination or suspension, in whole or in part, of the Agreement by the CITY. - 6 - 15. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto;provided, however,that no assignment shall be made without the prior written consent of the CITY. 16. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the ENGINEER shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the ENGINEER would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 17. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 18. SEVERABILITY If any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 19. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement,nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 20. MODIFICATION OR AMENDMENT This Agreement and its attachments constitute the entire Agreement of the parties hereto on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 21. APPLICABLE LAW This Agreement shall be subject to and governed by the laws of the State of Illinois without regard to any choice of law considerations or laws which may otherwise apply. Venue for - 7 - the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 22. NEWS RELEASES The ENGINEER may not issue any news releases without prior approval from the DIRECTOR, nor will the ENGINEER make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 23. COOPERATION WITH OTHER CONSULTANTS The ENGINEER shall cooperate with any other consultants in the CITY's employ or any work associated with the PROJECT. 24. INTERFERENCE WITH PUBLIC CONTRACTING The ENGINEER certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 25. SEXUAL HARASSMENT As a condition of this contract, the ENGINEER shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment,utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by ENGINEER to the Department of Human Rights upon request 775 ILCS 5/2-105. 26. SUBSTANCE ABUSE PROGRAM. - 8 - As a condition of this agreement,ENGINEER shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this agreement. 27. WRITTEN COMMUNICATIONS All recommendations and other communications by the ENGINEER to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the ENGINEER be made or confirmed in writing. 28. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: Kyla B.Jacobsen Water Director City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to ENGINEER: Gregory R. "Chip" Stein, P.E. Managing Principal Tank Industry Consultants 7740 West New York Street Indianapolis, Indiana 46214 29. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the ENGINEER shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, ENGINEER hereby certifies, represents and warrants to the CITY that all ENGINEER'S employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. ENGINEER shall also at its expense secure all permits and licenses,pay all charges - 9 - and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the ENGINEER to determine ENGINEER'S compliance with the provisions of this section. In the event the CITY proceeds with such an audit the ENGINEER shall make available to the CITY the ENGINEER'S relevant records at no cost to the CITY. ENGINEER shall pay any and all costs associated with any such audit. 30. SIGNATURES This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense.IN WITNESS WHEREOF,the parties hereto have entered into and executed this Agreement effective as of the date and year first written above. FOR THE CITY: FOR THE ENGINEER: Y By: C� City Manager Name/Pri t: Stephen W. Meier, P.E., S.E. Title: Managing Principal April 10, 2014 A t t: City Clerk FALegal Dept\Agreement\ENGINEERING AGREEMENT-FORM-0 1-23-12.doc - 10 - Attachment A Project Scope and Approach TASK 1 -REVIEW AND RECOMMENDATION Prior to preparing specifications for the rehabilitation of the Airlite Tank,Tank Industry Consultants' engineer will review with the Elgin project team the recommendations contained in the November 2012 evaluation report. TIC's engineer will discuss with Elgin's project team the various alternatives included in the report,and provide updated construction cost estimates. This review will be conducted via a teleconference at a mutually agreeable time. Throughout the project design and execution,TIC's project team is in direct communication with the tank owner's representatives to assure that the project specifications and contract documents fulfill their needs and requirements. TASK 2 - DESIGN, SPECIFICATION, BID ASSISTANCE PREPARATION OF CONSTRUCTION DOCUMENTS TIC's specifications and contract documents are project specific and more extensive than provided by most engineers'due to our experience and extensive familiarity with the latest AWWA,NFPA,API,NACE,and SSPC standards and how they must be supplemented. Specifications are prepared in accordance with local,state,and federal laws, and all specific requirements of each tank owner. Detailed Construction Cost Estimates: Tank Industry Consultants provides budget estimates for construction so the final scope of work meets your maintenance and financial goals. After all reviews are complete,TIC revises all documents as required for final approvals and prepares a final detailed cost estimate for the project. Reduce Construction Costs: While most engineering firms can provide a generic specification package,it is our uniquely developed specifications that address the work that actually needs to be performed on the specific tank. This reduces the change orders to only those items that have competitive unit prices already negotiated prior to starting the project. Our specifications also address many potential problems that may come up during the course of a tank rehabilitation project including containment and proper removal and disposal/treatment of coatings containing regulated heavy metals. While our specifications are designed to protect tank owners,our designs and specifications also offer the most cost-effective alternatives available. Our specifications are not only designed to reduce construction costs during the tank rehabilitation,but also to reduce future tank rehabilitation costs. By designing out problem maintenance areas,the newly applied coating system will not only last longer,but when future maintenance is performed,the repainting will be easier and therefore less expensive. Repair and Rehabilitation Design: It is important to include specific tank upgrades in the tank repainting design. TIC has found that a specification that is only end-result oriented is not adequate when working with tank repair and repainting contractors. TIC's tank-specific repair designs provide a better finished product. Engineered solutions are vital to the successful completion of tank rehabilitation projects. Coating System Design: TIC continually researches alternative coating systems in order to design the best system to meet the specific needs and requirements of each tank. When designing the coating system for each tank,the engineers at TIC take into consideration the unique requirements for each project. Some of the specific issues that are considered include: • out-of-service time • environment • typical weather conditions during application • compliance with regulatory agencies • aesthetics and logos The final specifications and contract documents will be sealed by an Illinois Licensed Professional Engineer. TIC does not just take a coating specification off a shelf and reuse it for every project we design. TIC's specialty is designing unique solutions to specific project challenges. BID PHASE SERVICES TIC assists tank owners in obtaining competitive and qualified bids. TIC will recommend a number of qualified bidders to whom the Notice to Bidders should be sent. Specializing in water storage tanks for more than 32 years has allowed TIC to develop a list of tank repair and repainting contractors that also specialize in water tanks. Because of these contractors'expertise, their bids are the most competitive in the industry. Bid Assistance provided by TIC will include: • Attend Pre-Bid Conferences—supplying typed meeting notes • Respond to questions • Tabulate the bids • Review the bids • Check for signatures,bonds, and insurance • Investigate the low bidder • Recommend award to the lowest and most qualified bidder TASK 3 - CONSTRUCTION PHASE SERVICES CONTRACT ADMINISTRATION Once a tank rehabilitation project begins,TIC is available to consult with and advise City of Elgin concerning any portion of the tank rehabilitation and repainting project. Contract administration services can include: • Consultation on adequacy and compliance with the project specifications • Specification interpretation • Attend the pre-construction and all subsequent meetings—supplying typed meeting notes • Review all contractors'submittals and shop drawings • Review construction schedule • Review and approval of materials • Prepare and assist in the negotiations of change orders and supplemental agreements • Review and approval of payment requests • Dispute settlement SPOT INSPECTIONS DURING REPAIRS During repairs,modifications,and upgrades to the tank,Tank Industry Consultants will perform spot inspections of the contractor's work. During the spot inspections, TIC's inspector pedestal will focus on compliance with the project specifications,AWWA requirements, and accepted industry construction practices. Reports of each spot inspection will be provided to the City of Elgin. RESIDENT INSPECTION DURING CLEANING AND PAINTING The role of TIC's on-site project representatives is to provide both a visual and documentation trail that verifies that the client receives the level of quality and product service life they are paying the contractor to provide. The resident technician is on-site to: • point out and document deficiencies in the contractor's work, so the contractor makes corrections and improvements as the work progresses. • document the contractor's daily performance to support invoice approval or any action the owner may wish to take against the contractor. • confirm that the contractor has taken the necessary steps to protect the owner from liability by testing and properly disposing of spent blast abrasive. • confirm that the contractor is complying with job site posting requirements. • quickly resolve any technical questions or changes that may arise to minimize or eliminate delays and/or contractor claims. • document weather and other jobsite conditions to assess contractor claims for additional time or money. • document any jobsite visits from state or federal agencies such as OSHA or the EPA. • facilitate cost-effective solutions to issues that can arise during the construction phase of the tank rehabilitation project. The observation of the contractor's workmanship is one of the most important parts of a tank rehabilitation project. The best-written,most thorough specifications do not assure the project is completed correctly. TIC's technicians are experienced in tank repair,painting,and erection. They are not only familiar with proper coating application techniques,but also with the underlying reasons for tank painting standards. Our entire staff of civil,structural, chemical,and mechanical engineers and experienced support personnel,including our NACE Certified Field Services Manager and Field Supervisors,are available to provide technical support on each project. Environmental Impact: TIC is very concerned about the environmental impact of each tank rehabilitation project we are involved in and is dedicated to complying with environmental regulations. If required,we will have TCLP tests be performed by the contractor on the blasting debris to determine if it is hazardous and requires special handling and disposal. Soil samples will be taken from carefully plotted locations on and around the tank site prior to the start of the cleaning and painting project involving heavy-metal coatings. This testing provides background samples that can be tested and compared with samples taken from the same locations at the conclusion of the project. This before and after sampling and testing helps gauge the impact the project had on the environment and neighboring property,and helps protect the tank owner from claims for pollution which existed before the project started. Resident Painting Observation: During Resident Project Representation,TIC's field technician is on-site,monitoring the contractor whenever work is being performed. This type of coating observation provides the most thorough and conclusive project representation. Coatings are very sensitive to atmospheric conditions. Humidity,dew point,air,and steel temperatures must all be within acceptable ranges during application and curing for coating systems to achieve maximum life. Without a resident technician on the site to monitor these conditions,the tank owner is putting their faith in the contractor that work will be suspended when the atmospheric conditions warrant. Evidence of the application of the coating under adverse atmospheric conditions may be a premature failure two or three years later. Reporting: TIC's project representative furnishes the tank owner and the contractor a written report for each day's observation. The reports shall address,at a minimum,the following items as required: • Temperature of steel • Weather conditions: temperature,wind velocity and direction,relative humidity,dew point • Coating and abrasive product in accordance with project specifications • Mixing and thinning of coatings • Cleanliness of blast nozzle • Paint Batch Numbers used on the day of the observation • Location of work performed • Quality of work being performed • Compliance with the project documents • Wet and dry film thickness readings • Calibration record of dry mil thickness gauge • Measure of the paint cure • Number of crew members on the job • Equipment on the job • Recommendations made • Estimated completion date • Photographs of significant details • Other pertinent data as required or requested Holiday Testing: Once the interior coating application is completed,Tank Industry Consultants observes the contractor's holiday testing of the interior surfaces. Final Observation/Walk Through: TIC recommends that a final evaluation be performed when each tank project is completed. At the final evaluation,TIC's field technician or field supervisor accompany the contractor for a final review of the project. A punch list of items that need to be remedied or completed is prepared and provided to the tank owner and the contractor. If required,TIC observes the completion of the punch list. RE-INSTALLATION OF CELLULAR EQUIPMENT TIC will review the contractor's methods for re-installing the cellular equipment on the tank,and monitor the work to verify compliance with plans and specifications. TIC does not verify the working order of the antennas or their appurtenances. Our evaluation is only from the standpoint of how the antenna installation affects the tank. FIRST ANNIVERSARY EVALUATION AWWA standards recommend that all water tank construction and painting projects have a bonded warranty following the project completion date. Approximately eleven months after the completion of the tank rehabilitation project,TIC will perform an Anniversary Evaluation. TIC will focus on the contractor's compliance with the project specifications and drawings, and coating condition. While the steel is a very"forgiving"material,the coating is not. Coatings are very sensitive to the workmanship and weather constraints during application. Unlike some engineering firms,TIC will not be confined to the ground,ladders,or platforms. TIC will access the steel surfaces by rigging and rappelling. Dry-film thickness testing of the coating,locating holidays in the coating,and identification of coating failures will be performed. ATTACHMENT B PROJECT SCHEDULE Once we receive the Notice to Proceed with specs, we will have a draft to the CITY within about 10 business days. The CITY will then have the opportunity to review and comment on the specs. Once we receive comments from the CITY comments, revised specifications will be prepared within approximately 5 business days. Final specifications and contract documents will be prepared as soon as all reviews are final. The bidding schedule for the project will be predicated on the CITY's bidding requirements. Once bids are received, our review and recommendation can be completed within about 5 working days. Once the CITY issues the Notice to Proceed to the contractor, we anticipate the actual rehabilitation project will take approximately 9 to 11 weeks, but will be highly dependent on the contractor's construction methodology and work force allotment. Attachment C Price Proposal for Engineering Services for Rehabilitation of the Airlite Elevated Water Tank (Part B) TASK 1 —REVIEW AND RECOMMENDATION No additional fee. TASK 2 —DESIGN, SPECIFICATION, BID ASSISTANCE Preparation of Detailed Technical Specifications and Bid Documents $6,750 (fixed fee) Bid Assistance $ 500 (fixed fee) TASK 3 — CONSTRUCTION PHASE SERVICES The fees for the construction phase services will be billed on a time and expenses basis from the rate structure in effect at the time the services are performed. The current rate structure is attached for your review. The contractors' construction methodology and work force allotment will be the overall determining factor for inspection hours and costs for this project. Based on our experience with similar projects we estimate the following: Spot Inspection during Repairs Estimate 2 to 4 Spot Inspections at approximately $1,370 per inspection Resident Inspection during Cleaning and Painting Estimate 9 to 11 weeks at approximately $3,775 per 40-hour work week Contract Administration Estimate$2,000 Laboratory Testing Estimate $1,500 First Anniversary Evaluation $1,500 (fixed fee) 13 Tank Industry Consultants 7740 West New York Street Indianapolis, Indiana 46214 Professional Services 2014 Rate Structure Effective January 1, 2014 through December 31, 2014 i _ Observation Technician(travel and on-job time) $63.25 per hour Overtime(over 40 hrs/week) $94.75 per hour Minimum 32 hours per week Per Diem $122.75 per day Spot Technician(travel and on job time) $88.00 per hour Per Diem $142.75 per day with lodging $51.75 per day without lodging Support Staff Hourly Rates Shown Below Engineerin'o and Support Field Services Manager/Contract Administrator $106.75 per hour Field Superintendent/NACE Certified Technician $105.50 per hour Overtime(over 40 hrs/week) $156.75 per hour Minimum 32 hours per week Project Manager $111.75 per hour Engineer-E.I. $97.00 per hour Professional Engineer $137.25 per hour Licensed Senior Professional Engineer $203.25 per hour Licensed Principal Engineer $230.75 per hour Licensed Senior Principal Engineer $266.50 per hour Safety Director $138.75 per hour Clerical $54.75 per hour Direct • A charge of$11.00 per hour is added for every office hour worked to cover copying, fax, mail, telephone, long distance,paging, cell phone,trucks, field equipment, and other miscellaneous costs. • $0.79 per mile per vehicle from nearest office Indianapolis, IN • Pittsburgh,PA • Houston,TX • Bolingbrook, IL • El Paso,TX Reimbursable• Travel by public transportation at cost,plus 10%. • All other reimbursable expenses(not otherwise listed on this rate structure)at cost plus 10%. Subcontract Laboratory • Total Lead in Samples by Atomic Absorption Spectroscopy $125.00 per sample • Total Metals(Cadmium, Chromium& Lead) in Samples by Atomic Absorption Spectroscopy $257.50 per sample • Leachable Lead in Samples by Toxicity Characteristic Leaching $527.00 per sample Procedure Memorandum City of Elgin Date: April 11, 2014 To: Barb Furman, Legal Dept. From: Eric Weiss, Water Dept. Subject: Agreement with Tank Industry Consultants for the Airlite 500,000 Gallon Elevated Water Storage Tank Rehabilitation Please find enclosed 3 original executed agreements Tank Industry Consultants for the Airlite 500,000 Gallon Elevated Water Storage Tank Rehabilitation. Thanks. Enclosure