14-50 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
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• 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
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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,
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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.
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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.
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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
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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.
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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
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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
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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