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Signed Contract_James Orr Coating Inspection LLC for Roosevelt Water Tower Copyrighted August 19, 2019 City of Dubuque Consent Items # 25. ITEM TITLE: Signed Contracts SUMMARY: Blackstone Environmental (2)forenvironmental support services and Chromium VI Data Review at the Water Treatment Plant; Dubuque County Lease Agreement for Federal Building space; Eastern IowaAsphalt Maintenance, I nc. for resurfacing/restriping 6 surface lots; Kone Elevator Maintenance Renewal Agreement; 563Design Amendment No. 3 for Multicultural Family Center; IIW Professional Services Inspection Contractfor Roosevelt Street Water Tower Project; James Orr Coating I nspection, LLC for Roosevelt St. Water Tower Technical Coating Inspection Services; Racom 800Mhz Radio Agreement. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Blackstone Environmental - Vapor Study Consulting Supporting Documentation Engineering Services Blackstone Environmental - Chromium 6 Data Review Supporting Documentation and Consulting Engineering Services Dubuque County LeaseAgreementfor Federal Supporting Documentation Building Space Eastern IowaAsphalt Maintenance, Inc. for Surface Supporting Documentation Lots. Kone Elevator Maintenance Renewal Agreement Supporting Documentation 563Design Amendment No. 3 for MFC Supporting Documentation I I W , P.0 Amendment No. 1 for Roosevelt Street Water Supporting Documentation Tower Project Engineering Services James Orr Coating I nspection, LLC for Roosevelt St. Supporting Documentation Water Tower Coating Inspection Services Racom 800Mhz Radio Agreement Supporting Documentation oubu�ue Water Department rtte crry oF � 1902 liawthorne Sireet ���""�dCm Dubuque,IA 5200] DUB E ������ Office(563)589-4291 zom•zoizm�3 www.ciryofdubuque.org MasterpieceontheMississippi zon+zoi9 CITY OF DUBUQUE, IOWA SHORTFORM ENGINEERING SERVICE AGREEMENT THIS ENGINEERING SERVICE AGREEMENT (the Contract), made in triplicate, between the City of Dubuque, lowa (City), by its City Manager, through authority conferred upon the City Manager by its City Council and James Orr Coating Inspection LLC (Contractor) of (Contractor Name) 1013 Vallev Stream Drive Madison, Wisconsin 53711 (Contractor Address- City and State) PROJECT TITLE: ROOSEVELT STREET 1.25 MILLION GALLON WATER TOWER PROJECT TECHNICAL COATING INSPECTION SERVICES For and in consideration of the mutual covenants herein contained, the parties hereto agree as follows: CONTRACTOR AGREES: 1. To furnish all material and equipment and to perform all iabor necessar for (the Project): a) Roosevelt Street 1.25 Million Gallon Water Tower Project, Technical Coating Inspection Services b) In accordance with the Scope of Services attached to this agreement dated April 1, 2019, including, but not limited to: attending meetings, performing shop and field inspections, preparing reports, and reporting on issues, corrective actions, and reporting all findings to City and to the prime engineerin contractor IIW.P.C. c) Maintain certification as a National Association of Corrosion Engineers (NACE) inspector throughout the duration of the project, and through the 2-year warranty period. The work described above shall be completed at the following location(s): Rooseveit Street Water Tower site on Sky Blue Drive, Dubuque, lowa. The Project shall be completed in strict accordance with the terms as described in this Contract; in strict accordance with the requirements of the laws of the United States of America, State of lowa, and ordinances of the City of Dubuque. In addition, the documents which provisions and documents are each and all hereby referred to and made a part of this Contract just as much as if the detailed statements thereof were repeated herein. Page 1 of 13 2. Contract Documents shall mean and include the following: This Contract; all ordinances and resolutions heretofore adopted by the City Council having to do with the Project; the Vendor's Proposal; and any Special Conditions, Plans and Specifications and General Requirements as adopted by the City Council for the Project. 3. The Contractor has read and understands the Contract Documents and has examined and understands the project description described in Section 1 and any attached Special Conditions herein referred to and agrees not to plead misunderstanding or deception because of estimates of quantity, character, location or other conditions surrounding the same. 4. The Contractor shall secure and maintain insurance in compliance with City Insurance Schedule J attached as Exhibit A. The Contractor shall provide a certificate of insurance to the City. 5. The City and the Contractor each agree to indemnify and hold the other harmless, and their respective officers, employees, agents, and representatives, from and against all claims, damages, losses and expenses (including reasonable attorney's fees) to the extent such claims, losses, damages, or expenses are caused by the indemnifying party's negligent acts, errors, or omissions. 6. Neither party shall be deemed in default of this Agreement to the extent that any delay or failure in the performance of its obligations results from any cause beyond its reasonable control and without its negligence. 7. Termination. This Agreement may be terminated, in writing, upon mutual agreement of the parties The City is obligated to pay for all services rendered up to the date the mutually agreed upon termination as stated in the written notice demonstrating intent to terminate. Failure of the City to make payments when due shall be cause for suspension of services or ultimately termination, unless and until the Contractor has been paid in all full amounts due for services, expenses, and other related charges. 8. The term of the contract shall be April 1 , 2019 through June 1 , 2021 . The contract term may be amended in writing, upon mutual agreement of the parties. 9. The frequency of on-site visits and off-site work as detailed, during the term of the contract, may be amended in writing, upon mutual agreement of the parties, to reflect the needs of the City. THE CITY AGREES: 1 . The City shall retain full and sole responsibility for the operation and maintenance of the Dubuque water system and ensuring its compliance with all applicable Federal and State regulations. 2. The City shall provide full and ready access to the physical site and all pertinent operating, maintenance records. Page 2 of 13 COMPENSATION: For and in good consideration, the contract lump sum not to exceed amount shall be Fiftv-Five Thousand Eiqht Hundred dollars ($55.800.00) Optional or supplemental services shall be paid for at an agreed to, not to exceed lump sum amount per a separate Additional Services Contract. For the scope of services agreed upon, the City agrees to pay the Contractor the compensation as stated. Invoices for the Contractor's services shali be submitted monthly. Invoices shall be payable when rendered and shall be considered past due if not paid within 30 days after the invoice date. A service charge will be charged at the rate of 1.5°/o (18°/o true annual rate) per month or the maximum allowed by law on the then outstandi�g balance of Past Due accounts. In the event, any portion of an account remains unpaid 90 days after biliing, the City shall pay all costs of collection, including reasonable attorney's fees. CITY OF DUBUQUE, IOWA CONTRACTOR: By: � ,,� James Orr Coating �- " � - �� �� Inspection LLC Micha I C. Van Milligen Da e Company Name City Manager By: �V11�'1��� � .�"ti � 'YI � ignature Date James Orr Printed Name Principal Title CONTRACTOR ACKNOWLEDGEMENT OF ATTACHED SPECIAL CONDITIONS: By: ' v _ `.\1� :�,7 ' � � S' nature ate James Orr Printed Name Principal Title Page 3 of 13 The followin s ecial conditions shall a I to this Pro'ect: JAMES ORR COATING INSPECTION LLC PROPOSAL IN ITS ENTIRETY DATED 4-1-2019 SHOWN ON PAGES 5, 6, 7, AND 8 OF THIS AGREEMENT. Page 4 of 13 Rev. o2/�s James Orr Coating Inspection LLC Proposal New Construction Inspection of 1,250,000 Gallon Composite Tank Dubuque, lA The proposal agreement between James Orr Coating Inspection LLC and Citv of Dubuque. IA (Owner)will contract with James Orr Coating Inspection LLC for technical coating inspection service for the above referenced project. BASIC AGREEMENT James Orr Coating Inspection LLC shall provide detailed coating inspection services as compensation for their services shall not exceed the fee of Fifty-Five Thousand Eiaht Hundred dollars ($55.800.00). Terms of the charges and payments per details in Schedule B. (Prices quoted are subject to change 90 days after the proposal date). SCOPE OF SERVICES Pre-Construction Meetinq Shop Prime Inspection Field Weld Inspection Field Coatinq Insqection Two Year Warrantv Inspection per schedule A SIGNATURES JAMES ORR 4/1/2019 Proposed by JOCI PROPOSAL APPROVED BY OWNER. POSITION DATE CO-SIGNATURE (IF REQUIRED) POSITION DATE ti � � I � ,�:� ,.�_ �- $( NATURE OF JAMES ORR ATE / Page 5 of 13 SCHEDULE A SCOPE OF SERVICE New Construction 1,250,000 Gallon Composite Tank, Dubuque, IA I. Pre-Construction Meeting 1. Travel to the pre-construction meeting 2. Attend and participate in the pre-construction meeting 11. Shop Prime Coating Inspection 1. Coordinate the schedule with the selected tank fabricator 2. Travel to the selected tank fabricators shop location. 3. Review abrasive and coating materials for approved manufacturers 4. Inspect compressed air at blast nozzle for cleanliness (oil and moisture) 5. Measure surface profile created by abrasive blast cleaning 6. Inspect the abrasive blast cleaning of the steel plates and all steel appurtenances 7. Review mixing, thinning and manufacturer's application requirements 8. Monitor the environmental conditions prior to and during the primer application process 9. Inspect appiied coating for dry film thickness, coverage, uniformity and cure 10. Measure the DFT's of the primer to ensure compliance to the specifications 11. Prepare daily reports and email the reports to the design engineer III. Weld Inspections 1. One (1)visit to observe steel delivered to the site for thickness, conformance to specification and quantity. Review initial ereciion procedures and qualifications 2. One (2)visit for observation of completed welding and locating of sites on completed welding for radiographic observation of steel at ground level. Observe welding procedures and practices. 3. One (2) Visit for review of construction of roof for completeness, review installation of tank appurtenances,final observation of all welding prior to removal of erection crew and equipment. 4. Prepare daily reports and email the reports to the design engineer IV. Field Coating Inspection 1. Review contractor's crew size and equipment for ability to meet the specif cations requirements and time constraints 2. Review abrasive and coating materials for approved manufacturers 3. Inspect compressed air at blast nozzle for cleanliness (oil and moisture) 4. Measure surface profile created by abrasive blast cleaning 5. Inspect abrasive blast cleanliness specification requirements using SSPC Visual Standards 6. Review mixing, thinning and manufacturer's application requirements Page 6 of 13 7. Monitor environmental conditions prior to and during coating application, ambient temperatures, relative humidity and dew point y 8. Inspect applied coating for dry film thickness, coverage, uniformity, holidads and cure 9. Collect appropriate samples for predisposal laboratory testing 10. Prepare daily reports detailing above mentioned items and daily progress and email the reports to the design engineer. V. Two Year Warranty Inspection 1. Dive or ROV warranty inspection 2. Review ail wet or dry interior surfaces for corrosion and or damage, quantify and quantify damage for repairs. Ail coating repairs needed are to be quantified by extrapolation of a measure area and compared with warranty requirements 3. Observe the exterior coating and quantify damages 4. Review all repairs completed during construction phase 5. Review all exterior appurtenances for damage due to corrosion or Construction 6. Review exterior of the exposed foundations 7. Review all heaith aspects of the tank, including screening of the vents, overflow, pipe, and other possible contamination sources 8. Prepare a report documenting all items found that meet or fail to meet requirements and recommendations for repair. A letter report with photos will be issued. Page 7 of 13 Schedule B Payment Schedule 1. Compensation for Schedule A, Item 1, 1-2, Pre-con Meeting, shall be a lump sum fee of 800.00 which includes travel and participation 2. Compensation for Schedule A, Item II, 1-11, Shop Prime Inspection, including travel, hotel and per diem shall be a lump sum fee of$10,000.00 3. Compensation for Schedule A, Item Iil, 1-4, Weld Inspection, shall be 1 400.00 per weld inspection visit with 5 Visits required for a total of 7 000.00 4. Compensation for Schedule A, Item IV, 1-10, Field Coating Inspection, shall be 1 000.00 per inspection visit with 34 visits required for a total of$34,000.00 5. Compensation for Schedule A, Item V, 1-8, Warranty Inspection shall be a lump sum fee of 4000.00 6. Invoices to be paid 30 days after invoice date. Page 8 of 13 EXHIBIT A INSURANCE SCHEDULE City of Dubuque Insurance Requirements for Professional Services PAGE INTENTIONALLY LEFT BLANK Page 9 of 13 INSURANCE SCHEDULE J 1. James Orr Coatinq Insqection. LLC shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Contractors presenting annual certificates shall present a certificate at the end of each project with the final billing. Each certificate shall be prepared on the most current ACORD form approved by the lowa Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg: Project# or Project Location at or construction of 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all insurers shall have a rating of A or better in the current A.M. BesYs RatingGuide. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. Failure to provide coverage required by this Insurance Schedule shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. Contractors shall require all subconsultants and sub-subconsultants to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurances from all such subconsultants and sub-subconsultants. Contractors agree that they shall be liable for the failure of a subconsultant and sub- subconsultant to obtain and maintain such coverages. The City may request a copy of such certificates from the Contractor. 6. All required endorsements shall be attached to certificate of insurance. 7. Whenever a specific ISO form is listed, required the current edition of the form must be used, or an equivalent form may be substituted if approved by the Director of Finance and Budget and subject to the contractor identifying and listing in writing all deviations and exclusions from the ISO form. 8. Contractors shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. If the contractor's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreemenYs required limits. 9. Contractor shall be responsible for deductibles and self-insured retention. Schedule J Professional Services May 2019 Page 10 of 13 INSURANCE SCHEDULE J (continued) Exhibit 1 A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit(any one occurrence) $50,000 Medical Payments $5,000 1) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG 00 01 or business owners form BP 00 02. All deviations from the standard ISO commercial general liability form CG 00 01, or business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsement form CG 25 04"Designated Location(s) General Aggregate LimiY' or CG 25 03"Designated Construction Project(s) General Aggregate LimiY' as appropriate. 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement. (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 26. 6) Policy shall include Waiver of Right to Recover from Others endorsement. B) AUTOMOBILE LIABILITY Combined Single Limit $1,000,000 C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by lowa Code Chapter 85. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer. Qq Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa Code sec. 87.22. Completed form must be attached. Schedule J Professional Services May 2019 Page 11 of 13 INSURANCE SCHEDULE J (continued) D) UMBRELLA/EXCESS LIABILITY $1,000,000 Umbrella/excess liability coverage must be at least following form with the underlying policies included herein (General Liability, Automobile, Workers Compensation). E) PROFESSIONA� LIABILITY $1,000,000 Provide evidence of coverage for 5 years after completion ofproject. F) CYBER LIABILITY $1,000,000 _yes X no Coverage for First and Third Party liability including but not limited to lost data and restoration, loss of income and cyber breach of information. Schedule J Professional Services May 2019 Page 12 of 13 PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that thepurchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non-Denial of Coveraae. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this policy for reasons of governmental immunity unless and until a court of competentjurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, lowa. No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Schedule J Professional Services May 2019 Page 13 of 13